[House Report 110-936]
[From the U.S. Government Publishing Office]




                                                 Union Calendar No. 609

 110th Congress, 2d Session - -- - - - - - - - - - House Report 110-936


                               (110-177)

                                SUMMARY

                                   of

                  LEGISLATIVE AND OVERSIGHT ACTIVITIES

                       ONE HUNDRED TENTH CONGRESS

                             first session

                        Convened January 4, 2007
                      Adjourned December 19, 2007

                             second session

                        Convened January 3, 2008
                       Adjourned January 3, 2009

                               ----------                              

             COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE

                     U.S. HOUSE OF REPRESENTATIVES




January 2, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed





           SUMMARY OF LEGISLATIVE AND OVERSIGHT ACTIVITIES--

             COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE





                                                 Union Calendar No. 609

110th Congress, 2d Session - - - - - - - - - - - - - House Report 110-
936

                                     

                               (110-177)

                                SUMMARY

                                   of

                  LEGISLATIVE AND OVERSIGHT ACTIVITIES

                       ONE HUNDRED TENTH CONGRESS

                             first session
                        Convened January 4, 2007
                      Adjourned December 19, 2007

                             second session
                        Convened January 3, 2008
                       Adjourned January 3, 2009

                               __________

             COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE

                     U.S. HOUSE OF REPRESENTATIVES



January 2, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed
                              ------

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             COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE

                 JAMES L. OBERSTAR, Minnesota, Chairman
NICK J. RAHALL, II, West Virginia, Vice  JOHN L. MICA, Florida
  Chair                                  DON YOUNG, Alaska
PETER A. DeFAZIO, Oregon                 THOMAS E. PETRI, Wisconsin
JERRY F. COSTELLO, Illinois              HOWARD COBLE, North Carolina
ELEANOR HOLMES NORTON, District of       JOHN J. DUNCAN, Jr., Tennessee
   Columbia                              WAYNE T. GILCHREST, Maryland
JERROLD NADLER, New York                 VERNON J. EHLERS, Michigan
CORRINE BROWN, Florida                   STEVEN C. LaTOURETTE, Ohio
BOB FILNER, California                   FRANK A. LoBIONDO, New Jersey
EDDIE BERNICE JOHNSON, Texas             JERRY MORAN, Kansas
GENE TAYLOR, Mississippi                 GARY G. MILLER, California
ELIJAH E. CUMMINGS, Maryland             ROBIN HAYES, North Carolina
ELLEN O. TAUSCHER, California            HENRY E. BROWN, Jr., South Carolina
LEONARD L. BOSWELL, Iowa                 TIMOTHY V. JOHNSON, Illinois
TIM HOLDEN, Pennsylvania                 TODD RUSSELL PLATTS, Pennsylvania
BRIAN BAIRD, Washington                  SAM GRAVES, Missouri
RICK LARSEN, Washington                  BILL SHUSTER, Pennsylvania
MICHAEL E. CAPUANO, Massachusetts        JOHN BOOZMAN, Arkansas
TIMOTHY H. BISHOP, New York              SHELLEY MOORE CAPITO, West Virginia
MICHAEL H. MICHAUD, Maine                JIM GERLACH, Pennsylvania
BRIAN HIGGINS, New York                  MARIO DIAZ-BALART, Florida
RUSS CARNAHAN, Missouri                  CHARLES W. DENT, Pennsylvania
JOHN T. SALAZAR, Colorado                TED POE, Texas
GRACE F. NAPOLITANO, California          DAVID G. REICHERT, Washington
DANIEL LIPINSKI, Illinois                CONNIE MACK, Florida
NICK LAMPSON, Texas                      JOHN R. ``RANDY'' KUHL, Jr., New York
ZACHARY T. SPACE, Ohio                   LYNN A. WESTMORELAND, Georgia
MAZIE K. HIRONO, Hawaii                  CHARLES W. BOUSTANY, Jr., Louisiana
BRUCE L. BRALEY, Iowa                    JEAN SCHMIDT, Ohio
JASON ALTMIRE, Pennsylvania              CANDICE S. MILLER, Michigan
TIMOTHY J. WALZ, Minnesota               THELMA D. DRAKE, Virginia
HEATH SHULER, North Carolina             MARY FALLIN, Oklahoma
MICHAEL A. ARCURI, New York              VERN BUCHANAN, Florida
HARRY E. MITCHELL, Arizona               ROBERT E. LATTA, Ohio
CHRISTOPHER P. CARNEY, Pennsylvania  
JOHN J. HALL, New York               
STEVE KAGEN, Wisconsin               
STEVE COHEN, Tennessee
JERRY McNERNEY, California
LAURA A. RICHARDSON, California
ALBIO SIRES, New Jersey
DONNA F. EDWARDS, Maryland



                        SUBCOMMITTEE ON AVIATION

                 JERRY F. COSTELLO, Illinois, Chairman
BOB FILNER, California               THOMAS E. PETRI, Wisconsin
LEONARD L. BOSWELL, Iowa             HOWARD COBLE, North Carolina
RICK LARSEN, Washington              JOHN J. DUNCAN, Jr., Tennessee
RUSS CARNAHAN, Missouri              VERNON J. EHLERS, Michigan
JOHN T. SALAZAR, Colorado            STEVEN C. LaTOURETTE, Ohio
DANIEL LIPINSKI, Illinois            FRANK A. LoBIONDO, New Jersey
NICK LAMPSON, Texas                  JERRY MORAN, Kansas
ZACHARY T. SPACE, Ohio               ROBIN HAYES, North Carolina
BRUCE L. BRALEY, Iowa                SAM GRAVES, Missouri
HARRY E. MITCHELL, Arizona           JOHN BOOZMAN, Arkansas
JOHN J. HALL, New York, Vice Chair   SHELLEY MOORE CAPITO, West 
STEVE KAGEN, Wisconsin                   Virginia
STEVE COHEN, Tennessee               JIM GERLACH, Pennsylvania
NICK J. RAHALL, II, West Virginia    MARIO DIAZ-BALART, Florida
PETER A. DeFAZIO, Oregon             CHARLES W. DENT, Pennsylvania
ELEANOR HOLMES NORTON, District of   TED POE, Texas
    Columbia                         DAVID G. REICHERT, Washington
CORRINE BROWN, Florida               CONNIE MACK, Florida
EDDIE BERNICE JOHNSON, Texas         JOHN R. ``RANDY'' KUHL, Jr., New 
ELLEN O. TAUSCHER, California            York
TIM HOLDEN, Pennsylvania             LYNN A. WESTMORELAND, Georgia
MICHAEL E. CAPUANO, Massachusetts    MARY FALLIN, Oklahoma
MAZIE K. HIRONO, Hawaii              VERN BUCHANAN, Florida
LAURA A. RICHARDSON, California      JOHN L. MICA, Florida
JASON ALTMIRE, Pennsylvania            (Ex Officio)
JAMES L. OBERSTAR, Minnesota
  (Ex Officio)

        SUBCOMMITTEE ON COAST GUARD AND MARITIME TRANSPORTATION

                 ELIJAH E. CUMMINGS, Maryland, Chairman
GENE TAYLOR, Mississippi             STEVEN C. LaTOURETTE, Ohio
RICK LARSEN, Washington              DON YOUNG, Alaska
CORRINE BROWN, Florida               HOWARD COBLE, North Carolina
BRIAN HIGGINS, New York              WAYNE T. GILCHREST, Maryland
BRIAN BAIRD, Washington              FRANK A. LoBIONDO, New Jersey
TIMOTHY H. BISHOP, New York, Vice    TED POE, Texas
    Chair                            JOHN L. MICA, Florida
LAURA A. RICHARDSON, California        (Ex Officio)
JAMES L. OBERSTAR, Minnesota
  (Ex Officio)

 SUBCOMMITTEE ON ECONOMIC DEVELOPMENT, PUBLIC BUILDINGS, AND EMERGENCY 
                               MANAGEMENT

        ELEANOR HOLMES NORTON, District of Columbia, Chairwoman 
MICHAEL H. MICHAUD, Maine            SAM GRAVES, Missouri
JASON ALTMIRE, Pennsylvania          BILL SHUSTER, Pennsylvania
MICHAEL A. ARCURI, New York          SHELLEY MOORE CAPITO, West 
CHRISTOPHER P. CARNEY,                   Virginia
    Pennsylvania,                    CHARLES W. DENT, Pennsylvania
  Vice Chair                         JOHN R. ``RANDY'' KUHL, Jr., New 
TIMOTHY J. WALZ, Minnesota               York
STEVE COHEN, Tennessee               JOHN L. MICA, Florida
JAMES L. OBERSTAR, Minnesota           (Ex Officio)
  (Ex Officio)

                  SUBCOMMITTEE ON HIGHWAYS AND TRANSIT

                   PETER A. DeFAZIO, Oregon, Chairman
NICK J. RAHALL, II, West Virginia    JOHN J. DUNCAN, Jr., Tennessee
JERROLD NADLER, New York             DON YOUNG, Alaska
ELLEN O. TAUSCHER, California        THOMAS E. PETRI, Wisconsin
TIM HOLDEN, Pennsylvania             HOWARD COBLE, North Carolina
MICHAEL E. CAPUANO, Massachusetts    GARY G. MILLER, California
TIMOTHY H. BISHOP, New York          ROBIN HAYES, North Carolina
MICHAEL H. MICHAUD, Maine            HENRY E. BROWN, Jr., South 
BRIAN HIGGINS, New York                  Carolina
GRACE F. NAPOLITANO, California      TIMOTHY V. JOHNSON, Illinois
MAZIE K. HIRONO, Hawaii              TODD RUSSELL PLATTS, Pennsylvania
JASON ALTMIRE, Pennsylvania          JOHN BOOZMAN, Arkansas
TIMOTHY J. WALZ, Minnesota           SHELLEY MOORE CAPITO, West 
HEATH SHULER, North Carolina             Virginia
MICHAEL A. ARCURI, New York          JIM GERLACH, Pennsylvania
CHRISTOPHER P. CARNEY, Pennsylvania  MARIO DIAZ-BALART, Florida
JERRY McNERNEY, California           CHARLES W. DENT, Pennsylvania
BOB FILNER, California               TED POE, Texas
ELIJAH E. CUMMINGS, Maryland         DAVID G. REICHERT, Washington
BRIAN BAIRD, Washington              CHARLES W. BOUSTANY, Jr., 
DANIEL LIPINSKI, Illinois                Louisiana
STEVE COHEN, Tennessee               JEAN SCHMIDT, Ohio
ZACHARY T. SPACE, Ohio               CANDICE S. MILLER, Michigan
BRUCE L. BRALEY, Iowa, Vice Chair    THELMA D. DRAKE, Virginia
HARRY E. MITCHELL, Arizona           MARY FALLIN, Oklahoma
LAURA A. RICHARDSON, California      VERN BUCHANAN, Florida
ALBIO SIRES, New Jersey              ROBERT E. LATTA, Ohio
DONNA F. EDWARDS, Maryland           JOHN L. MICA, Florida
JAMES L. OBERSTAR, Minnesota           (Ex Officio)
  (Ex Officio)

     SUBCOMMITTEE ON RAILROADS, PIPELINES, AND HAZARDOUS MATERIALS

                  CORRINE BROWN, Florida, Chairwoman 
JERROLD NADLER, New York             BILL SHUSTER, Pennylvania
LEONARD L. BOSWELL, Iowa             THOMAS E. PETRI, Wisconsin
GRACE F. NAPOLITANO, California      WAYNE T. GILCHREST, Maryland
NICK LAMPSON, Texas                  STEVEN C. LaTOURETTE, Ohio
ZACHARY T. SPACE, Ohio, Vice Chair   JERRY MORAN, Kansas
BRUCE L. BRALEY, Iowa                GARY G. MILLER, California
TIMOTHY J. WALZ, Minnesota           HENRY E. BROWN, Jr., South 
NICK J. RAHALL, II, West Virginia        Carolina
PETER A. DeFAZIO, Oregon             TIMOTHY V. JOHNSON, Illinois
JERRY F. COSTELLO, Illinois          TODD RUSSELL PLATTS, Pennsylvania
EDDIE BERNICE JOHNSON, Texas         SAM GRAVES, Missouri
ELIJAH E. CUMMINGS, Maryland         JIM GERLACH, Pennsylvania
MICHAEL H. MICHAUD, Maine            MARIO DIAZ-BALART, Florida
DANIEL LIPINSKI, Illinois            LYNN A. WESTMORELAND, Georgia
ALBIO SIRES, New Jersey              JOHN L. MICA, Florida
JAMES L. OBERSTAR, Minnesota           (Ex Officio)
  (Ex Officio)

            SUBCOMMITTEE ON WATER RESOURCES AND ENVIRONMENT

               EDDIE BERNICE JOHNSON, Texas, Chairwoman 
GENE TAYLOR, Mississippi             JOHN BOOZMAN, Arkansas
BRIAN BAIRD, Washington              JOHN J. DUNCAN, Jr., Tennessee
JERRY F. COSTELLO, Illinois          WAYNE T. GILCHREST, Maryland
TIMOTHY H. BISHOP, New York          VERNON J. EHLERS, Michigan
BRIAN HIGGINS, New York              FRANK A. LoBIONDO, New Jersey
RUSS CARNAHAN, Missouri              GARY G. MILLER, California
JOHN T. SALAZAR, Colorado            ROBIN HAYES, North Carolina
MAZIE K. HIRONO, Hawaii              HENRY E. BROWN, Jr., South 
HEATH SHULER, North Carolina             Carolina
HARRY E. MITCHELL, Arizona           TODD RUSSELL PLATTS, Pennsylvania
JOHN J. HALL, New York               BILL SHUSTER, Pennsylvania
STEVE KAGEN, Wisconsin               CONNIE MACK, Florida
JERRY McNERNEY, California, Vice     JOHN R. ``RANDY'' KUHL, Jr., New 
    Chair                                York
ELEANOR HOLMES NORTON, District of   CHARLES W. BOUSTANY, Jr., 
    Columbia                             Louisiana
BOB FILNER, California               JEAN SCHMIDT, Ohio
ELLEN O. TAUSCHER, California        CANDICE S. MILLER, Michigan
MICHAEL E. CAPUANO, Massachusetts    THELMA D. DRAKE, Virginia
GRACE F. NAPOLITANO, California      ROBERT E. LATTA, Ohio
MICHAEL A. ARCURI, New York          JOHN L. MICA, Florida
DONNA F. EDWARDS, Maryland             (Ex Officio)
JAMES L. OBERSTAR, Minnesota
  (Ex Officio)
                            Committee Staff
                     Majority Full Committee Staff

                    David Heymsfeld, Staff Director
                   Ward W. McCarragher, Chief Counsel
               Sharon Barkeloo, Senior Professional Staff
             Helena Zyblikewycz, Senior Professional Staff
                     Dara Schlieker, Administrator
                 Jennifer Walsh, Legislative Assistant
      James R. Miller, Director of Committee Facilities and Travel
                   Erik Hansen, Legislative Assistant
                      Elisa S. Yi, Staff Assistant
                   Michael C. Obrock, Staff Assistant
                   Daniel P. Meehan, Staff Assistant
                                 ------                                

                     Minority Full Committee Staff

                     James W. Coon, Chief of Staff
                       Suzanne Newhouse, Counsel
                   Amy B. Steinmann, Policy Director
                  Jason W. Rosa, Legislative Assistant
                     Ryan S. Boyce, Staff Assistant

                          Information Systems

                Keven Sard, Manager Information Systems
              Scott Putz, Assistant Systems Administrator
                                 ------                                

                        Majority Communications

                 Jim Berard, Director of Communications
                       Mary Kerr, Press Secretary
             Julie Carpenter Lotz, Communications Assistant
                                 ------                                

                        Minority Communications

              Justin Harclerode, Minority Press Secretary
                                 ------                                

                            Editorial Office

                        Tracy G. Mosebey, Clerk
                      Jason D. Brookhyser, Editor

                             Majority Staff
                      Oversight and Investigations

                     Trinita Brown, Senior Counsel
                      Ken Kopocis, Senior Counsel
               H. Clay Foushee, Senior Professional Staff
                 Leila Kahn, Senior Professional Staff
                    Melanie Harris, Staff Assistant
                                 ------                                

                             Minority Staff

                  Justin Sprinzen, Professional Staff
                Joe Hennell, Legislative Staff Assistant
                                 ------                                

                        Subcommittee on Aviation
                             Majority Staff

                  Stacie Soumbeniotis, Staff Director
                    Jana Denning, Professional Staff
                Laurie Bertenthal, Legislative Assistant
          Pamela Keller, Senior Administrative Staff Assistant

                             Minority Staff

                Holly E. Woodruff Lyons, Staff Director
                   Bailey Edwards, Professional Staff
                Russ Kline, Legislative Staff Assistant
                                 ------                                

        Subcommittee on Coast Guard and Maritime Transportation
                             Majority Staff

                     John Cullather, Staff Director
               Richard Hissock, Senior Professional Staff
                     Ianta Summers, Staff Assistant

                             Minority Staff

                     John Rayfield, Staff Director
                     Eric Nagel, Professional Staff
                                 ------                                

 Subcommittee on Economic Development, Public Buildings, and Emergency 
                               Management
                             Majority Staff

                      Susan Brita, Staff Director
                     Michael Herman, Senior Counsel
                       Ray Carta, Staff Assistant

                             Minority Staff

                      Dan Mathews, Staff Director
                         Johanna Hardy, Counsel
                Joe Hennell, Legislative Staff Assistant

                  Subcommittee on Highways and Transit
                             Majority Staff

                        Jim Kolb, Staff Director
                          Amy Scarton, Counsel
                 Jackie Schmitz, Legislative Assistant
                      Peter Gould, Staff Assistant

                             Minority Staff

                      James Tymon, Staff Director
                         Jennifer Hall, Counsel
                     Dan Veoni, Professional Staff
              Allison Cullin, Legislative Staff Assistant
                                 ------                                

     Subcommittee on Railroads, Pipelines, and Hazardous Materials
                             Majority Staff

                   Jennifer Esposito, Staff Director
                     John Drake, Professional Staff
                  Niels Knutson, Legislative Assistant
                  Rose Hamlin, Senior Staff Assistant

                             Minority Staff

                       Joyce Rose, Staff Director
                          Mike Meenan, Counsel
                Joe Hennell, Legislative Staff Assistant
                                 ------                                

            Subcommittee on Water Resources and Environment
                             Majority Staff

                      Ryan Seiger, Staff Director
                          Ted Illston, Counsel
                    Ben Webster, Professional Staff
                  Michael Brain, Legislative Assistant
                      Jenna Tatum, Staff Assistant

                             Minority Staff

                     John Anderson, Staff Director
                        Jonathan Pawlow, Counsel
                    Geoff Bowman, Professional Staff
              Allison Cullin, Legislative Staff Assistant





                            C O N T E N T S

                              ----------                              
                                                                   Page
Letter of Submittal..............................................  XIII
Jurisdiction of the House Committee on Transportation and 
  Infrastructure.................................................     1
Foreword.........................................................     3
Bills enacted into Law...........................................     5
Committee Bills and Resolutions that passed the House but not 
  acted on by the Senate.........................................     9
Concurrent Resolutions approved by both Chambers.................    12
Senate Bills and Resolutions Referred to the Committee but not 
  acted on.......................................................    12
Committee Views and Estimates Report.............................    13
Bills enacted into Law (summaries of public laws)................    14
Summary of activities:
    Full Committee...............................................    59
    Subcommittee on Aviation.....................................    87
    Subcommittee on Coast Guard and Maritime Transportation......   112
    Subcommittee on Economic Development, Public Buildings, and 
      Emergency Management.......................................   136
    Subcommittee on Highways and Transit.........................   186
    Subcommittee on Railroads, Pipelines, and Hazardous Materials   213
    Subcommittee on Water Resources and Environment..............   234
Summary of Oversight and Investigations Activities...............   265
Jurisdictional Exchange of Letters...............................   351
Publications.....................................................   355
                          LETTER OF SUBMITTAL

                              ----------                              

                          House of Representatives,
            Committee on Transportation and Infrastructure,
                                   Washington, DC, January 2, 2009.
Hon. Nancy Pelosi,
Speaker of the House, House of Representatives,
The Capitol, Washington, DC.
    Dear Madam Speaker, Pursuant to Clause (1)(d) of Rule XI of 
the Rules of the House of Representatives, I submit the Summary 
of Legislative and Oversight Activities of the Committee on 
Transportation and Infrastructure for the 110th Congress. The 
purpose of this report is to provide Members of Congress, 
congressional staff, and the general public with an overview of 
the activities of the Committee.
    This report is intended as a general reference tool and not 
as a substitute for Committee hearing records, reports, and 
files.
            With all best wishes,
                                       James L. Oberstar, Chairman.
    Enclosure.



                                                 Union Calendar No. 609
110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-936
======================================================================



 
     SUMMARY OF LEGISLATIVE AND OVERSIGHT ACTIVITIES--COMMITTEE ON 
                   TRANSPORTATION AND INFRASTRUCTURE

                                _______
                                

January 2, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

 PROVISIONS OF THE RULES OF THE HOUSE OF REPRESENTATIVES APPLICABLE TO 
     COMMITTEE ACTIVITIES; JURISDICTION OF THE HOUSE COMMITTEE ON 
                   TRANSPORTATION AND INFRASTRUCTURE

                                ``Rule X


                      ``ORGANIZATION OF COMMITTEES

            ``Committees and their legislative jurisdictions

    ``1. There shall be in the House the Following standing 
committees, each of which shall have the jurisdiction and 
related functions assigned by this clause and clauses 2, 3, and 
4. All bills, resolutions, and other matters relating to 
subjects within the jurisdiction of the standing committees 
listed in this clause shall be referred to those committees, in 
accordance with clause 2 of rule XII, as follows:

    ``(r) Committee on Transportation and Infrastructure.
    ``(1) Coast Guard, including lifesaving service, 
lighthouses, lightships, ocean derelicts, and the Coast Guard 
Academy.
    ``(2) Federal management of emergencies and natural 
disasters.
    ``(3) Flood control and improvement of rivers and harbors.
    ``(4) Inland waterways.
    ``(5) Inspection of merchant marine vessels, lights and 
signals, lifesaving equipment, and fire protection on such 
vessels.
    ``(6) Navigation and laws relating thereto, including 
pilotage.
    ``(7) Registering and licensing of vessels and small boats.
    ``(8) Rules and international arrangements to prevent 
collisions at sea.
    ``(9) The Capitol Building and the Senate and House Office 
Buildings.
    ``(10) Construction or maintenance of roads and post roads 
(other than appropriations therefor).
    ``(11) Construction or reconstruction, maintenance, and 
care of buildings and grounds of the Botanic Garden, the 
Library of Congress, and the Smithsonian Institution.
    ``(12) Merchant marine (except for national security 
aspects thereof).
    ``(13) Purchase of sites and construction of post offices, 
customhouses, Federal courthouses, and Government buildings 
within the District of Columbia.
    ``(14) Oil and other pollution of navigable waters, 
including inland, coastal, and ocean waters.
    ``(15) Marine affairs, including coastal zone management, 
as they relate to oil and other pollution of navigable waters.
    ``(16) Public buildings and occupied or improved grounds of 
the United States generally.
    ``(17) Public works for the benefit of navigation, 
including bridges and dams (other than international bridges 
and dams).
    ``(18) Related transportation regulatory agencies (except 
the Transportation Security Administration).
    ``(19) Roads and the safety thereof.
    ``(20) Transportation, including civil aviation, railroads, 
water transportation, transportation safety (except automobile 
safety and transportation security functions of the Department 
of Homeland Security), transportation infrastructure, 
transportation labor, and railroad retirement and unemployment 
(except revenue measures related thereto).
    ``(21) Water power.

                                FOREWORD

    At the outset of the 110th Congress, the Committee on 
Transportation and Infrastructure developed a legislative 
agenda focused on three primary objectives:
          Ensuring the safety and security our nation's 
        transportation systems and other critical 
        infrastructure;
          Investing in our nation's infrastructure to relieve 
        congestion, ensure U.S. competitiveness, and improve 
        the daily lives of our citizens; and
          Addressing global climate change and renewing our 
        commitment to clean water, energy independence, and 
        environmental stewardship.
    In the 110th Congress, the Committee made extraordinary 
progress toward achieving these objectives, including enacting 
landmark legislation on rail safety, Amtrak, and high-speed 
rail, which had languished for years; enacting the Water 
Resources Development Act of 2007 (``WRDA 2007'') by overriding 
the President's veto for only the 107th time in our nation's 
history; enacting legislation to implement the 9/11 Commission 
recommendations; and enacting legislation to promote energy 
efficient transportation and public buildings and create 
incentives for the use of alternative fuel vehicles and 
renewable energy.
    A decade after the authorization of rail safety programs 
expired in 1998, the Committee enacted the Rail Safety 
Improvement Act of 2008, which reauthorizes the rail safety 
program for five years, clarifies that the mission of the 
Federal Railroad Administration is to ensure that safety is the 
highest priority, requires all Class I railroads and intercity 
passenger and commuter railroads to install a positive train 
control system, reforms hours-of-service standards to provide 
train crews with more rest time, and enhances railroad worker 
training.
    Six years after the authorization for Amtrak expired in 
2002, the Committee enacted the Passenger Rail Investment and 
Improvement Act of 2008, which reauthorizes Amtrak for five 
years and provides the necessary funding to help bring the 
Northeast Corridor to a state-of-good-repair, and encourage the 
development and construction of high-speed rail in the United 
States.
    After six years of working to enact a water resources 
development bill, the Committee enacted the Water Resources 
Development Act of 2007 (``WRDA 2007'') by overriding the 
President's veto for only the 107th time in our nation's 
history. The Water Resources Development Act authorizes 
approximately $23 billion for flood damage reduction, 
navigation, environmental restoration, water supply, 
hydropower, and environmental infrastructure, including 
critical projects for the restoration of coastal Louisiana, the 
restoration of the Florida Everglades, and the restoration of 
the Upper Mississippi River and Illinois Waterway System. WRDA 
2007 also includes important policy provisions that address 
concerns with the Corps' existing study, design, review, and 
mitigation processes.
    In addition, the Committee, in cooperation with other 
committees, enacted the Implementing Recommendations of the 9/
11 Commission Act of 2007 to address our nation's security 
vulnerabilities and enhance emergency management capabilities 
to prevent, prepare for, and respond to all hazards. The 
Committee also worked with other committees to enact the Energy 
Independence and Security Act of 2007 to promote energy 
efficient transportation and public buildings and create 
incentives for the use of alternative fuel vehicles and 
renewable energy.
    In addition to these and many other legislative 
achievements, the Committee renewed its commitment to actively 
oversee the agencies and programs within the jurisdiction of 
the Committee. The Committee conducted active, in-depth 
investigations of its agencies and programs and found critical 
lapses in the Coast Guard's management of the Deepwater 
program, the Federal Aviation Administration's regulatory 
oversight and abuses of the regulatory partnership programs, 
the Federal Motor Carrier Safety Administration's oversight of 
the drug and alcohol testing program and medical oversight of 
commercial drivers, and the Department of Homeland Security's 
management of the Federal Protective Service. In total, the 
Committee conducted 174 hearings, including 1,245 witnesses and 
approximately 588 hours of testimony--the most active oversight 
in the Committee's storied history.
    The Committee could not have achieved these extraordinary 
accomplishments without the bipartisan leadership and 
dedication of each of the Members of the Committee, 
particularly Ranking Member John L. Mica, and the Chairmen and 
Ranking Members of each of the Subcommittees. The Subcommittee 
Chairmen guided dozens of bills through each of their 
respective Subcommittees and conducted the overwhelming 
majority of the oversight hearings. I also thank the staff of 
the Committee on Transportation and Infrastructure for their 
dedication and expertise to carrying out the Committee's 
agenda.
    It is with great pride and gratitude that I submit the 
Summary of Legislative and Oversight Activities of the 
Committee on Transportation and Infrastructure. This Summary 
highlights accomplishments that will improve the safety, 
security, and efficiency of our nation's transportation and 
infrastructure for years to come.

                                James L. Oberstar,Chairman,
                    Committee on Transportation and Infrastructure.


                                             BILLS ENACTED INTO LAW
----------------------------------------------------------------------------------------------------------------
     Public Law No.                 Date enacted                    Bill No.                    Title
----------------------------------------------------------------------------------------------------------------
P.L. 110-13............  March 21, 2007...................  H.R. 342...............  To designate the United
                                                                                      States courthouse located
                                                                                      at 555 Independence Street
                                                                                      in Cape Girardeau,
                                                                                      Missouri, as the ``Rush
                                                                                      Hudson Limbaugh, Sr.
                                                                                      United States Courthouse.
P.L. 110-14............  March 21, 2007...................  H.R. 544...............  To designate the United
                                                                                      States courthouse at South
                                                                                      Federal Place in Santa Fe,
                                                                                      New Mexico, as the
                                                                                      ``Santiago E. Campos
                                                                                      United States
                                                                                      Courthouse''.
P.L. 110-15............  March 23, 2007...................  H.R. 584...............  To designate the Federal
                                                                                      building located at 400
                                                                                      Maryland Avenue Southwest
                                                                                      in the District of
                                                                                      Columbia as the ``Lyndon
                                                                                      Baines Johnson Department
                                                                                      of Education Building''.
P.L. 110-16............  March 28, 2007...................  H.R. 1129..............  To provide for the
                                                                                      construction, operation,
                                                                                      and maintenance of an
                                                                                      arterial road in St. Louis
                                                                                      County, Missouri.
P.L. 110-20............  May 2, 2007......................  H.R. 753...............  To redesignate the Federal
                                                                                      building located at 167
                                                                                      North Main Street in
                                                                                      Memphis, Tennessee, as the
                                                                                      ``Clifford Davis and Odell
                                                                                      Horton Federal Building''.
P.L. 110-25............  May 8, 2007......................  S. 521.................  A bill to designate the
                                                                                      Federal building and
                                                                                      United States courthouse
                                                                                      and customhouse located at
                                                                                      515 West First Street in
                                                                                      Duluty, Minnesota, as the
                                                                                      ``Gerald W. Heaney Federal
                                                                                      Building and United States
                                                                                      Courthouse and
                                                                                      Customhouse''.
P.L. 110-46............  July 5, 2007.....................  S. 801.................  A bill to designate a
                                                                                      United States courthouse
                                                                                      located in Fresno,
                                                                                      California, as the
                                                                                      ``Robert E. Coyle United
                                                                                      States Courthouse''.
P.L. 110-53............  August 3, 2007...................  H.R. 1.................  To provide for the
                                                                                      implementation of the
                                                                                      recommendations of the
                                                                                      National Commission on
                                                                                      Terrorist Attacks Upon the
                                                                                      United States.
P.L. 110-56............  August 8, 2007...................  H.R. 3311..............  To authorize additional
                                                                                      funds for emergency
                                                                                      repairs and reconstruction
                                                                                      of the Interstate I-35
                                                                                      bridge located in
                                                                                      Minneapolis, Minnesota,
                                                                                      that collapsed on August
                                                                                      1, 2007, to waive the
                                                                                      $100,000,000 limitation on
                                                                                      emergency relief funds for
                                                                                      those emergency repairs
                                                                                      and reconstruction, and
                                                                                      for other purposes.
P.L. 110-88............  September 28, 2007...............  H.R. 3218..............  To designate a portion of
                                                                                      Interstate Route 395
                                                                                      located in Baltimore,
                                                                                      Maryland, as ``Cal Ripken
                                                                                      Way''.
P.L. 110-114...........  November 9, 2007.................  H.R. 1495..............  To provide for the
                                                                                      conservation and
                                                                                      development of water and
                                                                                      related resources, to
                                                                                      authorize the Secretary of
                                                                                      the Army to construct
                                                                                      various projects for
                                                                                      improvements to rivers and
                                                                                      harbors of the United
                                                                                      States, and for other
                                                                                      purposes.
P.L. 110-135...........  December 13, 2007................  H.R. 4343..............  To amend title 49, United
                                                                                      States Code, to modify age
                                                                                      standards for pilots
                                                                                      engaged in commercial
                                                                                      aviation operations.
P.L. 110-139...........  December 18, 2007................  H.R. 3315..............  To provide that the great
                                                                                      hall of the Capitol
                                                                                      Visitor Center shall be
                                                                                      known as Emancipation
                                                                                      Hall.
P.L. 110-140...........  December 19, 2007................  H.R. 6.................  To move the United States
                                                                                      toward greater energy
                                                                                      independence and security,
                                                                                      to increase the production
                                                                                      of clean renewable fuels,
                                                                                      to protect consumers, to
                                                                                      increase the efficiency of
                                                                                      products, buildings, and
                                                                                      vehicles, to promote
                                                                                      research on and deploy
                                                                                      greenhouse gas capture and
                                                                                      storage options, and to
                                                                                      improve the energy
                                                                                      performance of the Federal
                                                                                      Government, and for other
                                                                                      purposes.
P.L. 110-146...........  December 21, 2007................  H.R. 2671..............  To designate the United
                                                                                      States courthouse located
                                                                                      at 301 North Miami Avenue,
                                                                                      Miami, Florida, as the
                                                                                      ``C. Clyde Atkins United
                                                                                      States Courthouse''.
P.L. 110-158...........  December 26, 2007................  H.R. 1045..............  To designate the Federal
                                                                                      building located at 210
                                                                                      Walnut Street in Des
                                                                                      Moines, Iowa, as the
                                                                                      ``Neal Smith Federal
                                                                                      Building''.
P.L. 110-159...........  December 26, 2007................  H.R. 2011..............  To designate the Federal
                                                                                      building and United States
                                                                                      courthouse located at 100
                                                                                      East 8th Avenue in Pine
                                                                                      Bluff, Arkansas, as the
                                                                                      ``George Howard, Jr.
                                                                                      Federal Building and
                                                                                      United States
                                                                                      Courthouse''.
P.L. 110-178...........  January 7, 2008..................  H.R. 3690..............  To provide for the transfer
                                                                                      of the Library of Congress
                                                                                      police to the United
                                                                                      States Capitol Police, and
                                                                                      for other purposes.
P.L. 110-190...........  February 28, 2008................  H.R. 5270..............  To amend the Internal
                                                                                      Revenue Code of 1986 to
                                                                                      extend the funding and
                                                                                      expenditure authority of
                                                                                      the Airport and Airway
                                                                                      Trust Fund, and for other
                                                                                      purposes.
P.L. 110-244...........  June 6, 2008.....................  H.R. 1195..............  To amend the Safe,
                                                                                      Accountable, Flexible,
                                                                                      Efficient Transportation
                                                                                      Equity Act: A Legacy for
                                                                                      Users to make technical
                                                                                      corrections, and for other
                                                                                      purposes.
P.L. 110-249...........  June 26, 2008....................  H.R. 3913..............  To amend the International
                                                                                      Center Act to authorize
                                                                                      the lease or sublease of
                                                                                      certain property described
                                                                                      in such Act to an entity
                                                                                      other than a foreign
                                                                                      government or
                                                                                      international organization
                                                                                      if certain conditions are
                                                                                      met.
P.L. 110-253...........  June 30, 2008....................  H.R. 6327..............  To amend the Internal
                                                                                      Revenue Code of 1986 to
                                                                                      extend the funding and
                                                                                      expenditure authority of
                                                                                      the Airport and Airway
                                                                                      Trust Fund, and for other
                                                                                      purposes.
P.L. 110-262...........  July 15, 2008....................  H.R. 430...............  To designate the United
                                                                                      States bankruptcy
                                                                                      courthouse located at 271
                                                                                      Cadman Plaza East in
                                                                                      Brooklyn, New York, as the
                                                                                      `Conrad B. Duberstein
                                                                                      United States Bankruptcy
                                                                                      Courthouse'.
P.L. 110-263...........  July 15, 2008....................  H.R. 781...............  To redesignate Lock and Dam
                                                                                      No. 5 of the McClellan-
                                                                                      Kerr Arkansas River
                                                                                      Navigation System near
                                                                                      Redfield, Arkansas,
                                                                                      authorized by the Rivers
                                                                                      and Harbors Act approved
                                                                                      July 24, 1946, as the
                                                                                      ``Colonel Charles D.
                                                                                      Maynard Lock and Dam''.
P.L. 110-264...........  July 15, 2008....................  H.R. 2728..............  To designate the station of
                                                                                      the United States Border
                                                                                      Patrol located at 25762
                                                                                      Madison Avenue in
                                                                                      Murrieta, California, as
                                                                                      the ``Theodore L. Newton,
                                                                                      Jr. and George F. Azrak
                                                                                      Border Patrol Station''.
P.L. 110-266...........  July 15, 2008....................  H.R. 4140..............  To designate the Port
                                                                                      Angeles Federal Building
                                                                                      in Port Angeles,
                                                                                      Washington, as the
                                                                                      ``Richard B. Anderson
                                                                                      Federal Building''.
P.L. 110-274...........  July 15, 2008....................  H.R. 6040..............  To amend the Water
                                                                                      Resources Development Act
                                                                                      of 2007 to clarify the
                                                                                      authority of the Secretary
                                                                                      of the Army to provide
                                                                                      reimbursement for travel
                                                                                      expenses incurred by
                                                                                      members of the Committee
                                                                                      on Levee Safety.
P.L. 110-276...........  July 15, 2008....................  H.R. 1019..............  To designate the United
                                                                                      States customhouse
                                                                                      building located at 31
                                                                                      Gonzalez Clemente Avenue
                                                                                      in Mayaguez, Puerto Rico,
                                                                                      as the ``Rafael Martinez
                                                                                      Nadal United States
                                                                                      Customhouse Building''.
P.L. 110-281...........  July 21, 2008....................  H.R. 802...............  To amend the Act to Prevent
                                                                                      Pollution from ships to
                                                                                      implement MARPOL Annex VI.
P.L. 110-282...........  July 23, 2008....................  S. 3145................  A bill to designate a
                                                                                      portion of United States
                                                                                      Route 20A, located in
                                                                                      Orchard Park, New York, as
                                                                                      the ``Timothy J. Russert
                                                                                      Highway''.
P.L. 110-284...........  July 23, 2008....................  H.R. 3712..............  To designate the United
                                                                                      States courthouse located
                                                                                      at 1716 Spielbusch Avenue
                                                                                      in Toledo, Ohio, as the
                                                                                      ``James M. Ashley and
                                                                                      Thomas W.L. Ashley United
                                                                                      States Courthouse''.
P.L. 110-288...........  July 30, 2008....................  S. 2766................  To amend the Federal Water
                                                                                      Pollution Control Act to
                                                                                      address certain discharges
                                                                                      incidental to the normal
                                                                                      operation of a
                                                                                      recreational vessel.
P.L. 110-291...........  July 31, 2008....................  H.R. 3985..............  To amend title 49, United
                                                                                      States Code, to direct the
                                                                                      Secretary of
                                                                                      Transportation to register
                                                                                      a person providing
                                                                                      transportation by an over-
                                                                                      the-road bus as a motor
                                                                                      carrier of passengers only
                                                                                      if the person is willing
                                                                                      and able to comply with
                                                                                      certain accessibility
                                                                                      requirements in addition
                                                                                      to other existing
                                                                                      requirements, and for
                                                                                      other purposes.
P.L. 110-299...........  July 31, 2008....................  S. 3298................  A bill to clarify the
                                                                                      circumstances during which
                                                                                      the Administrator of the
                                                                                      Environmental Protection
                                                                                      Agency and applicable
                                                                                      States may require permits
                                                                                      for discharges from
                                                                                      certain vessels, and to
                                                                                      require the Administrator
                                                                                      to conduct a study of
                                                                                      discharges incidental to
                                                                                      the normal operation of
                                                                                      vessels.
P.L. 110-311...........  August 13, 2008..................  H.R. 6340..............  To designate the Federal
                                                                                      building and United States
                                                                                      courthouse located at 300
                                                                                      Quarropas Street in White
                                                                                      Plains, New York, as the
                                                                                      ``Charles L. Brieant, Jr.,
                                                                                      Federal Building and
                                                                                      United States
                                                                                      Courthouse''.
P.L. 110-319...........  September 17, 2008...............  S. 2837................  A bill to designate the
                                                                                      United States courthouse
                                                                                      located in the 225 Cadman
                                                                                      Plaza East, Brooklyn, New
                                                                                      York, as the ``Theodore
                                                                                      Roosevelt United States
                                                                                      Courthouse''.
P.L. 110-320...........  September 18, 2008...............  S. 2403................  To designate the United
                                                                                      States courthouse located
                                                                                      in the 700 block of East
                                                                                      Broad Street, Richmond,
                                                                                      Virginia, as the
                                                                                      ``Spottswood W. Robinson
                                                                                      III and Robert R. Merhige,
                                                                                      Jr., United States
                                                                                      Courthouse''.
P.L. 110-325...........  September 25, 2008...............  S. 3406................  To restore the intent and
                                                                                      protections of the
                                                                                      Americans with
                                                                                      Disabilities Act of 1990.
P.L. 110-330...........  September 30, 2008...............  H.R. 6984..............  To amend title 49, United
                                                                                      States Code, to extend
                                                                                      authorizations for the
                                                                                      airport improvement
                                                                                      program, to amend the
                                                                                      Internal Revenue Code of
                                                                                      1986 to extend the funding
                                                                                      and expenditure authority
                                                                                      of the Airport and Airway
                                                                                      Trust Fund, and for other
                                                                                      purposes.
P.L. 110-334...........  October 1, 2008..................  S. 3009................  A bill to designate the
                                                                                      Federal Bureau of
                                                                                      Investigation building
                                                                                      under construction in
                                                                                      Omaha, Nebraska, as the
                                                                                      ``J. James Exon Federal
                                                                                      Bureau of Investigation
                                                                                      Building''.
P.L. 110-337...........  October 2, 2008..................  S. 996.................  A bill to amend title 49,
                                                                                      United States Code, to
                                                                                      expand passenger facility
                                                                                      fee eligibility for
                                                                                      certain noise
                                                                                      compatibility projects.
P.L. 110-338...........  October 3, 2008..................  H.R. 3986..............  To amend the John F.
                                                                                      Kennedy Center Act to
                                                                                      authorize appropriations
                                                                                      for the John F. Kennedy
                                                                                      Center for the Performing
                                                                                      Arts, and for other
                                                                                      purposes.
P.L. 110-341...........  October 3, 2008..................  S.J. Res. 35...........  A joint resolution to amend
                                                                                      Public Law 108-331 to
                                                                                      provide for the
                                                                                      construction and related
                                                                                      activities in support of
                                                                                      the Very Energetic
                                                                                      Radiation Imaging
                                                                                      Telescope Array System
                                                                                      (VERITAS) project in
                                                                                      Arizona.
P.L. 110-356...........  October 8, 2008..................  H.R. 3068..............  To prohibit the award of
                                                                                      contracts to provide guard
                                                                                      services under the
                                                                                      contract security guard
                                                                                      program of the Federal
                                                                                      Protective Service to a
                                                                                      business concern that is
                                                                                      owned, controlled, or
                                                                                      operated by an individual
                                                                                      who has been convicted of
                                                                                      a felony.
P.L. 110-359...........  October 8, 2008..................  H.R. 5001..............  To authorize the
                                                                                      Administrator of General
                                                                                      Services to provide for
                                                                                      the redevelopment of the
                                                                                      Old Post Office Building
                                                                                      located in the District of
                                                                                      Columbia.
P.L. 110-364...........  October 8, 2008..................  H.R. 6370..............  To transfer excess Federal
                                                                                      property administered by
                                                                                      the Coast Guard to the
                                                                                      Confederated Tribes of the
                                                                                      Coos, Lower Umpqua, and
                                                                                      Siuslaw Indians.
P.L. 110-365...........  October 8, 2008..................  H.R. 6460..............  To amend the Federal Water
                                                                                      Pollution Control Act to
                                                                                      provide for the
                                                                                      remediation of sediment
                                                                                      contamination in areas of
                                                                                      concern, and for other
                                                                                      purposes.
P.L. 110-371...........  October 8, 2008..................  S. 496.................  To reauthorize and improve
                                                                                      the program authorized by
                                                                                      the Appalachian Regional
                                                                                      Development Act of 1965.
P.L. 110-375...........  October 8, 2008..................  S. 2482................  A bill to repeal the
                                                                                      provision of title 46,
                                                                                      United States Code,
                                                                                      requiring a license for
                                                                                      employment in the business
                                                                                      of salvaging on the coast
                                                                                      of Florida.
P.L. 110-405...........  October 13, 2008.................  S. 3536................  To amend section 5402 of
                                                                                      title 39, United States
                                                                                      Code, to modify the
                                                                                      authority relating to
                                                                                      United States Postal
                                                                                      Service air transportation
                                                                                      contracts, and for other
                                                                                      purposes.
P.L. 110-407...........  October 13, 2008.................  S. 3598................  To amend titles 46 and 18,
                                                                                      United States Code, with
                                                                                      respect to the operation
                                                                                      of submersible vessels and
                                                                                      semi-submersible vessels
                                                                                      without nationality.
P.L. 110-427...........  October 15, 2008.................  H.R. 6524..............  To authorize the
                                                                                      Administrator of General
                                                                                      Service to take certain
                                                                                      actions with respect to
                                                                                      parcels of real property
                                                                                      located in Eastlake, Ohio,
                                                                                      and Koochiching County,
                                                                                      Minnesota, and for other
                                                                                      purposes.
P.L. 110-432...........  October 16, 2008.................  H.R. 2095..............  An Act to amend title 49,
                                                                                      United States Code, to
                                                                                      prevent railroad
                                                                                      fatalities, injuries, and
                                                                                      hazardous materials
                                                                                      releases, to authorize the
                                                                                      Federal Railroad Safety
                                                                                      Administration, and for
                                                                                      other purposes
P.L. 110-441...........  October 21, 2008.................  H.R. 4131..............  To designate a portion of
                                                                                      California State Route 91
                                                                                      located in Los Angeles
                                                                                      County, California, as the
                                                                                      ``Juanita Millender-
                                                                                      McDonald Highway''.
----------------------------------------------------------------------------------------------------------------


              COMMITTEE BILLS AND RESOLUTIONS THAT PASSED THE HOUSE BUT NOT ACTED ON BY THE SENATE
----------------------------------------------------------------------------------------------------------------
                  Bill Number                                    Title                       Passed the House
----------------------------------------------------------------------------------------------------------------
H. Con. Res. 187..............................  Expressing the sense of Congress                       7/25/2007
                                                 regarding the dumping of industrial
                                                 waste into the Great Lakes.
H. Con. Res. 305..............................  Recognizing the importance of bicycling                5/21/2008
                                                 in transportation and recreation.
H. Con. Res. 408..............................  Recognizing North Platte, Nebraska, as                 9/18/2008
                                                 ``Rail Town USA''.
H.R. 123......................................  To authorize appropriations for the San               12/11/2007
                                                 Gabriel Basin Restoration Fund.
H.R. 187......................................  To designate the Federal building and                   2/7/2007
                                                 United States courthouse and
                                                 customhouse located at 515 West First
                                                 Street in Duluth, Minnesota, as the
                                                 ``Gerald W. Heaney Federal Building
                                                 and United States Courthouse and
                                                 Customhouse''.
H.R. 399......................................  To designate the United States                          3/6/2007
                                                 Courthouse to be constructed in
                                                 Jackson, Mississippi, as the ``R. Jess
                                                 Brown United States Courthouse''.
H.R. 409......................................  To amend title 23, United States Code,                 1/22/2008
                                                 to direct the Secretary of
                                                 Transportation to establish national
                                                 tunnel inspection standards for the
                                                 proper safety inspection and
                                                 evaluation of all highway tunnels, and
                                                 for other purposes.
H.R. 429......................................  To designate the United States                         3/13/2007
                                                 courthouse located at 225 Cadman Plaza
                                                 East, Brooklyn, New York, as the
                                                 ``Hugh L. Carey United States
                                                 Courthouse''.
H.R 478.......................................  To designate the Federal building and                  3/13/2007
                                                 United States courthouse located at
                                                 101 Barr Street in Lexington,
                                                 Kentucky, as the ``Scott Reed Federal
                                                 Building and United States
                                                 Courthouse''.
H.R. 494......................................  To provide for the conditional                         2/27/2007
                                                 conveyance of any interest retained by
                                                 the United States in St. Joseph
                                                 Memorial Hall in St. Joseph, Michigan.
H.R. 569......................................  To amend the Federal Water Pollution                    3/7/2007
                                                 Control Act to authorize
                                                 appropriations for sewer overflow
                                                 control grants.
H.R. 700......................................  To amend the Federal Water Pollution                    3/8/2007
                                                 Control Act to extend the pilot
                                                 program for alternative water source
                                                 projects.
H.R. 720......................................  To amend the Federal Water Pollution                    3/9/2007
                                                 Control Act to authorize
                                                 appropriations for State water
                                                 pollution control revolving funds, and
                                                 for other purposes.
H.R. 735......................................  To designate the Federal building under                7/30/2007
                                                 construction at 799 First Avenue in
                                                 New York, New York, as the ``Ronald H.
                                                 Brown United States Mission to the
                                                 United Nations Building''.
H.R. 798......................................  To direct the Administrator of General                 2/12/2007
                                                 Services to install a photovoltaic
                                                 system for the headquarters building
                                                 of the Department of Energy.
H.R. 799......................................  To reauthorize and improve the program                 7/16/2007
                                                 authorized by the Appalachian Regional
                                                 Development Act of 1965.
H.R. 1036.....................................  To authorize the Administrator of                      5/15/2007
                                                 General Services to convey a parcel of
                                                 real property to the Alaska Railroad
                                                 Corporation.
H.R. 1138.....................................  To designate the Federal building and                  3/26/2007
                                                 United States courthouse located at
                                                 306 East Main Street in Elizabeth
                                                 City, North Carolina, as the ``J.
                                                 Herbert W. Small Federal Building and
                                                 United States Courthouse''.
H.R. 1227.....................................  To assist in the provision of                          3/21/2007
                                                 affordable housing to low-income
                                                 families affected by Hurricane Katrina.
H.R. 1333.....................................  To amend the Homeland Security Act of                  6/18/2008
                                                 2002 to direct the Secretary to enter
                                                 into an agreement with the Secretary
                                                 of the Air Force to use Civil Air
                                                 Patrol personnel and resources to
                                                 support Homeland Security missions.
H.R. 1401.....................................  To improve the security of railroads,                  3/27/2007
                                                 public transportation, and over-the-
                                                 road buses in the United States, and
                                                 for other purposes.
H.R. 1505.....................................  To designate the United States                         5/15/2007
                                                 courthouse located at 131 East 4th
                                                 Street in Davenport, Iowa, as the
                                                 ``James A. Leach Federal Building''.
H.R. 1684.....................................  To authorize appropriations for the                     5/9/2007
                                                 Department of Homeland Security for
                                                 fiscal year 2008, and for other
                                                 purposes.
H.R. 1773.....................................  To limit the authority of the Secretary                5/15/2007
                                                 of Transportation to grant authority
                                                 to motor carriers domiciled in Mexico
                                                 to operate beyond United States
                                                 municipalities and commercial zones on
                                                 the United States-Mexico border.
H.R. 1922.....................................  To designate the Jupiter Inlet                          3/4/2008
                                                 Lighthouse and the surrounding Federal
                                                 land in the State of Florida as an
                                                 Outstanding Natural Area and as a unit
                                                 of the National Landscape System, and
                                                 for other purposes.
H.R. 2452.....................................  To amend the Federal Water Pollution                   6/23/2008
                                                 Control Act to ensure that sewage
                                                 treatment plants monitor for and
                                                 report discharges of raw sewage, and
                                                 for other purposes.
H.R. 2537.....................................  To amend the Federal Water Pollution                   4/16/2008
                                                 Control Act relating to beach
                                                 monitoring, and for other purposes.
H.R. 2722.....................................  To restructure the Coast Guard                         7/31/2007
                                                 Integrated Deepwater Program, and for
                                                 other purposes.
H.R. 2830.....................................  To authorize appropriations for the                    4/24/2008
                                                 Coast Guard for fiscal year 2008, and
                                                 for other purposes.
H.R. 2881.....................................  To amend title 49, United States Code,                 9/20/2007
                                                 to authorize appropriations for the
                                                 Federal Aviation Administration for
                                                 fiscal years 2008 through 2011, to
                                                 improve aviation safety and capacity,
                                                 to provide stable funding for the
                                                 national aviation system, and for
                                                 other purposes.
H.R. 3195.....................................  To restore the intent and protections                  6/25/2008
                                                 of the Americans with Disabilities Act
                                                 of 1990.
H.R. 3224.....................................  To amend the National Dam Safety                      10/29/2007
                                                 Program Act to establish a program to
                                                 provide grant assistance to States for
                                                 the rehabilitation and repair of
                                                 deficient dams.
H.R. 3246.....................................  To amend title 40, United States Code,                 10/4/2007
                                                 to provide a comprehensive regional
                                                 approach to economic and
                                                 infrastructure development in the most
                                                 severely economically distressed
                                                 regions in the Nation.
H.R. 3247.....................................  To improve the provision of disaster                  10/29/2007
                                                 assistance for Hurricanes Katrina and
                                                 Rita, and for other purposes.
H.R. 3248.....................................  To amend the Safe, Accountable,                         8/1/2007
                                                 Flexible, Efficient Transportation
                                                 Equity Act: A Legacy for Users to make
                                                 technical corrections, and for other
                                                 purposes.
H.R. 3495.....................................  To establish a National Commission on                  11/6/2007
                                                 Children and Disasters, a National
                                                 Resource Center on Children and
                                                 Disasters, and for other purposes.
H.R. 3540.....................................  To amend the Internal Revenue Code of                  9/24/2007
                                                 1986 to extend the funding and
                                                 expenditure authority of the Airport
                                                 and Airway Trust Fund.
H.R. 3999.....................................  To amend title 23, United States Code,                 7/24/2008
                                                 to improve the safety of Federal-aid
                                                 highway bridges, to strengthen bridge
                                                 inspection standards and processes, to
                                                 increase investment in the
                                                 reconstruction of structurally
                                                 deficient bridges on the National
                                                 Highway System, and for other purposes.
H.R. 5492.....................................  To authorize the Board of Regents of                   3/11/2008
                                                 the Smithsonian Institution to
                                                 construct a greenhouse facility at its
                                                 museum support facility in Suitland,
                                                 Maryland, and for other purposes.
H.R. 5599.....................................  To designate the Federal building                       6/4/2008
                                                 located at 4600 Silver Hill Road in
                                                 Suitland, Maryland, as the ``Thomas
                                                 Jefferson Census Bureau Headquarters
                                                 Building''.
H.R. 6003.....................................  To reauthorize Amtrak, and for other                   6/11/2008
                                                 purposes.
H.R. 6052.....................................  To promote increased public                            6/26/2008
                                                 transportation use, to promote
                                                 increased use of alternative fuels in
                                                 providing public transportation, and
                                                 for other purposes.
H.R. 6109.....................................  To amend the Robert T. Stafford                        6/23/2008
                                                 Disaster Relief and Emergency
                                                 Assistance Act to reauthorize the pre-
                                                 disaster hazard mitigation program,
                                                 and for other purposes.
H.R. 6493.....................................  To amend title 49, United States Code,                 7/22/2008
                                                 to enhance aviation safety.
H.R. 6627.....................................  To authorize the Board of Regents of                   9/17/2008
                                                 the Smithsonian Institution to carry
                                                 out certain construction projects, and
                                                 for other purposes.
H.R. 6630.....................................  To prohibit the Secretary of                            9/9/2008
                                                 Transportation from granting authority
                                                 to a motor carrier domiciled in Mexico
                                                 to operate beyond United States
                                                 municipalities and commercial zones on
                                                 the United States-Mexico border unless
                                                 expressly authorized by Congress.
H.R. 6899.....................................  To advance the national security                       9/16/2008
                                                 interests of the United States by
                                                 reducing its dependency on oil through
                                                 renewable and clean, alternative fuel
                                                 technologies while building a bridge
                                                 to the future through expanded access
                                                 to Federal oil and natural gas
                                                 resources, revising the relationship
                                                 between the oil and gas industry and
                                                 the consumers who own those resources
                                                 and deserve a fair return from the
                                                 development of publicly owned oil and
                                                 gas, ending tax subsidies for large
                                                 oil and gas companies, and
                                                 facilitating energy efficiencies in
                                                 the building, housing, and
                                                 transportation sectors, and for other
                                                 purposes.
H.R. 6999.....................................  To restructure the Coast Guard                         9/27/2008
                                                 Integrated Deepwater Program, and for
                                                 other purposes.
----------------------------------------------------------------------------------------------------------------


                                 CONCURRENT RESOLUTION APPROVED BY BOTH CHAMBERS
----------------------------------------------------------------------------------------------------------------
        Resolution Number                     Title              Date of Passage--House  Date of Passage--Senate
----------------------------------------------------------------------------------------------------------------
H. Con. Res. 79..................  Authorizing the use of the                 5/15/2007                5/16/2007
                                    Capitol Grounds for the
                                    Greater Washington Soap
                                    Box Derby.
H. Con. Res. 123.................  Authorizing the use of the                 5/15/2007                5/16/2007
                                    Capitol Grounds for the
                                    District of Columbia
                                    Special Olympics Law
                                    Enforcement Torch Run.
H. Con. Res. 124.................  Authorizing the use of the                  5/7/2007                 5/8/2007
                                    Capitol Grounds for the
                                    National Peace Officers'
                                    Memorial Service.
H. Con. Res. 196.................  Authorizing the use of the                  9/4/2007                 9/5/2007
                                    rotunda and grounds of the
                                    Capitol for a ceremony to
                                    award the Congressional
                                    Gold Medal to Tenzin
                                    Gyatso, the Fourteenth
                                    Dalai Lama.
H. Con. Res. 308.................  Authorizing the use of the                  5/1/2008                 5/2/2008
                                    Capitol Grounds for the
                                    National Peace Officers'
                                    Memorial Service.
H. Con. Res. 309.................  Authorizing the use of the                 5/21/2008                 6/3/2008
                                    Capitol Grounds for the
                                    District of Columbia
                                    Special Olympics Law
                                    Enforcement Torch Run.
H. Con. Res. 311.................  Authorizing the use of the                  6/4/2008                 6/5/2008
                                    Capitol Grounds for the
                                    Greater Washington Soap
                                    Box Derby.
H. Con. Res. 335.................  Authorizing the use of the                  6/4/2008                6/20/2008
                                    Capitol Grounds for a
                                    celebration of the 100th
                                    anniversary of Alpha Kappa
                                    Alpha Sorority,
                                    Incorporated.
----------------------------------------------------------------------------------------------------------------



                    SENATE BILLS AND RESOLUTIONS REFERRED TO THE COMMITTEE BUT NOT ACTED UPON
----------------------------------------------------------------------------------------------------------------
           Bill Number                        Title              Date of Senate Passage      Date of Referral
----------------------------------------------------------------------------------------------------------------
S. 775...........................  To establish a National                     8/2/2007                 8/3/2007
                                    Commission on the
                                    Infrastructure of the
                                    United States.
----------------------------------------------------------------------------------------------------------------


                 COMMITTEE VIEWS AND ESTIMATES REPORTS

    Pursuant to section 301(d) of the Congressional Budget Act 
and clause 4(f) of Rule X of the Rules of the House of 
Representatives, the Committee submitted its Views and 
Estimates Reports to the Committee on the Budget for fiscal 
years 2008 and 2009 on March 1, 2007, and February 28, 2008, 
respectively.
    These reports, intended to provide the Budget Committee 
with an early and comprehensive indication of the Committee's 
legislative plans, contained estimates of the new budget 
authority to be authorized in legislation under the Committee's 
jurisdiction which would become effective during the next 
fiscal year.

       COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE PUBLIC LAWS

                             Full Committee

    The Full Committee chapter of the Summary of Legislative 
and Oversight Activities of the Committee on Transportation and 
Infrastructure only includes public laws which involve the 
jurisdiction of more than one subcommittee. Other public laws 
are included in the appropriate subcommittee chapters of this 
report.

      Implementing the 9/11 Commission Recommendations Act of 2007

                           Public Law 110-53

                                (H.R. 1)

                             August 3, 2007

    The Implementing Recommendations of the 9/11 Commission Act 
of 2007 (P.L. 110-53) fully implements the recommendations set 
forth in the 9/11 Commission Report. The Act addresses our 
nation's security vulnerabilities as well as enhances emergency 
management capabilities to prevent, prepare for, and respond to 
all hazards. This Act contains numerous provisions within the 
jurisdiction of the Committee on Transportation and 
Infrastructure.

                                AVIATION

Improving Passenger and Cargo Screening
    The 9/11 Commission recommended improvements to airline 
passenger pre-screening; better airline screening checkpoints 
to detect explosives; and enhancements to checked bag and cargo 
screening. Title XVI of the Act implements these 
recommendations by requiring the Department of Homeland 
Security (``DHS'') to: establish a system to screen 100 percent 
of cargo transported on passenger aircraft, within three years; 
provide grants for specified airport security improvement 
projects including in-line baggage screening deployment; issue 
a strategic plan, originally due in 2005, to deploy explosive 
detection equipment at airports to screen individuals and 
baggage, and begin full implementation of the strategic plan 
within one year; develop and implement a program to acquire, 
maintain, and replace blast-resistant cargo containers and make 
such containers available to air carriers by July 1, 2008, 
based on risk; and advance research and development for 
technology to prevent terrorist acts against civil aviation, 
including by establishing a grant program to fund pilot 
projects to deploy such technology.
    This Act also prohibits the Administrator of the Federal 
Aviation Administration from certifying any new foreign repair 
station if the Transportation Security Administration does not 
issue regulations within one year governing foreign repair 
station security. The regulations were required by prior law to 
be issued by August 2004.

                COAST GUARD AND MARITIME TRANSPORTATION

Ensuring 100 Percent Container Scanning
    Title XVII requires scanning of all containers, by 
nonintrusive imaging and radiation detection equipment, before 
such containers are loaded on a vessel in a foreign port, in 
order to be able to enter the United States. The deadline for 
implementation is July 1, 2012, but the Secretary of Homeland 
Security can extend the deadline in two-year increments. This 
provision requires full-scale implementation of a container 
scanning pilot program established by the SAFE Port Act of 
2006, which applied to three foreign seaports. This section 
also requires the Secretary of Homeland Security to issue an 
interim rule to establish minimum standards and procedures for 
securing containers in transit to the United States by April 1, 
2008. If the Secretary fails to meet that deadline, all 
containers in transit to the United States must meet existing 
international standards for sealing containers until a final 
rule is issued.

    ECONOMIC DEVELOPMENT, PUBLIC BUILDINGS, AND EMERGENCY MANAGEMENT

Increased Funding for Emergency Management Performance Grants
    States and local governments rely on the Emergency 
Management Performance Grant program (``EMPG'') to build their 
capability to prepare for, respond to, recover from, and 
mitigate all hazards. Prior to enactment of this Act, the EMPG 
program received only one tenth of the amount of funding 
allocated to terrorism preparedness programs, despite the 
ongoing need. Title II significantly boosts funding for the 
EMPG program, authorizing a total of nearly $3.4 billion for 
fiscal years 2008 through 2012, while directing the Federal 
Emergency Management Agency (``FEMA'') to continue distributing 
funds to States based on population. This provision also 
affirms that the EMPG program is authorized by the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act, which 
maintains the structure and purpose of this longstanding 
program.
Strengthening the Incident Command System
    The 9/11 Commission Report recommended that emergency 
response agencies nationwide adopt the Incident Command System 
(``ICS''), a standard, on-scene, all-hazards incident 
management system. DHS incorporated many principals from ICS 
into the National Incident Management System in 2004. However, 
problems with the use of ICS during a statewide or regional 
catastrophe became evident in the response to Hurricane 
Katrina, some of which were addressed in the Post Katrina 
Emergency Management Reform Act of 2006 (P.L. 109-295). Title 
IV further strengthens the use of ICS, including provisions 
specifically related to credentialing and typing, or using a 
common naming system to classify the capabilities or attributes 
of personnel and equipment is critical to ensure that the 
proper resources are deployed in response to an incident. This 
Act requires Federal agencies to credential and type personnel 
and resources available in response to a disaster; directs FEMA 
to maintain a database of these personnel and resources; and 
requires FEMA to issue guidance to Federal, state, local, and 
tribal governments on credentialing and typing. The Act and 
accompanying report clarify that access to disaster areas is 
the responsibility of state and local governments.

Enhancing Private Sector Preparedness

    The 9/11 Commission Report recognized the private sector as 
a critical element in ensuring the nation's preparedness: 
``Private-sector preparedness is not a luxury; it is a cost of 
doing business in the post-9/11 world. It is ignored at a 
tremendous potential cost in lives, money, and national 
security.'' Title IX of the Act permits FEMA and the Assistant 
Secretary for Infrastructure Protection to develop 
recommendations and identify best practices to be taken by the 
private sector to foster preparedness, and requires the 
establishment of a voluntary private sector preparedness 
accreditation and certification program. The Secretary of 
Homeland Security has designated the Administrator of FEMA to 
administer this program.

Prioritizing the Vulnerabilities of Critical Infrastructure

    The presence of critical infrastructure within a State and 
its probable vulnerability to attack was recognized by the 9/11 
Commission as an important element in determining the State's 
overall risk and subsequent security funding needs. Although 
the Secretary of Homeland Security has the responsibility to 
conduct vulnerability assessments pursuant to the Homeland 
Security Act of 2002, the Commission criticized DHS for not 
setting national priorities with respect to critical 
infrastructure. Title X addresses this concern by requiring the 
Secretary to maintain a prioritized critical infrastructure 
list and to provide a report on the comprehensive risk 
assessments of critical infrastructure conducted by DHS.

                         SURFACE TRANSPORTATION

    The 9/11 Commission Report recommended that the Federal 
Government ``should identify and evaluate the transportation 
assets that need to be protected, set risk-based priorities for 
defending them, select the most practical and cost-effective 
ways of doing so, and then develop a plan, budget, and funding 
to implement the effort.'' This Act addresses this 
recommendation and the security needs of public transportation, 
rail, and over-the-road bus systems.

Strengthening Public Transportation, Rail, Bus, and Truck Security

    Titles XIV and XV of the Act:
          Require DHS to complete a nationwide risk assessment 
        of a terrorist attack on railroad carriers and develop 
        and implement a National Strategy for Railroad 
        Transportation Security and a National Strategy for 
        Public Transportation Security;
          Mandate that all public transportation agencies, 
        railroad carriers, and over-the-road bus operators at 
        high risk for terrorism undergo an assessment of the 
        vulnerability of their infrastructure and operations to 
        terrorism, and prepare and implement a security plan;
          Establish three separate security grant programs for 
        carriers to implement specific vulnerabilities 
        identified in their security plans:
                  $3.4 billion for FY 2008-2011 for eligible 
                transit systems;
                  $1.2 billion for FY 2008-2011 for eligible 
                railroad carriers; and
                  $87 million for FY 2008-2011 for eligible 
                over-the-road bus operators;
          Authorize $650 million for grants to Amtrak for 
        system-wide security upgrades and $200 million for 
        grants to Amtrak for tunnel improvements;
          Authorize annual funding through FY 2011 for a 
        security research and development programs dedicated to 
        public transportation, rail, and over-the-road bus 
        transportation;
          Require DHS to establish a program for security 
        exercises at public transportation systems, railroad 
        systems, and over-the-road bus systems, and requires 
        security training for employees of transit agencies, 
        rail carriers, and over-the-road bus operators;
          Establish strong whistleblower protections for 
        transit, rail, and bus employees, and requires such 
        employees, or employees of contractors, to undergo a 
        security background check;
          Require DHS to conduct a comprehensive assessment of 
        the risk of terrorist attack on the nation's school bus 
        transportation system; and
          Require DHS to submit a report to Congress on the 
        status of security in the trucking industry and 
        requires an audit by the Inspector General on the 
        Highway Watch program.

Advancing Hazardous Materials and Pipeline Security

    This Act also includes several provisions to address 
vulnerabilities related to hazardous materials transportation 
including: requiring physical testing of rail cars used to 
transport highly toxic chemicals material; evaluating the 
security risks of transportation routes of security sensitive 
materials; equipping rail cars transporting high hazard 
materials with communications technology; documenting existing 
highway routes for hazardous materials transported by truck; 
and tracking technologies for motor carrier shipments of 
certain security-sensitive hazardous materials. The Act also 
addresses pipeline security by requiring DHS to develop a 
pipeline security and incident recovery protocols plan, to 
review pipeline operators' security plans, and to inspect the 
100 most critical pipeline operators.

Improving Transportation Security Planning and Information Sharing

    The 9/11 Commission observed that while DHS had developed a 
National Strategy for Transportation Security (``Strategy''), 
it lacked the necessary detail to make it a useful tool. Title 
XII of the Act directs DHS to include additional information, 
as specified in the legislation, in subsequent submissions of 
the Strategy to Congress; requires DHS to tie the priorities 
identified in the Strategy to risk assessments conducted by 
DHS; and requires DHS to link its budget submissions to such 
priorities. The Act also requires DHS to develop a 
Transportation Security Information Sharing Plan and to provide 
a semiannual report to Congress identifying recipients of 
transportation security information.

              Energy Independence and Security Act of 2007


                           Public Law 110-140


                                (H.R. 6)


                   (See also H.R. 2701 and H.R. 3221)


                           December 19, 2007

    The Energy Independence and Security Act of 2007 (P.L. 110-
140) promotes energy efficient transportation and public 
buildings, and creates incentives for the use of alternative 
fuel vehicles and renewable energy. This Act contains numerous 
provisions within the jurisdiction of the Committee on 
Transportation and Infrastructure.

                COAST GUARD AND MARITIME TRANSPORTATION

Prohibition of Incandescent Lamps by Coast Guard

    Title V, Subtitle C prohibits the purchase or installation 
of incandescent lamps in a Coast Guard facility by or on behalf 
of the Coast Guard except where such lamp is specifically 
necessary.

Short Sea Shipping

    Title XI, Subtitle C requires the Secretary of 
Transportation to establish a short sea transportation program 
and to designate short sea transportation projects to mitigate 
landside congestion. This subtitle also requires the Secretary 
to designate short sea transportation routes as extensions of 
the surface transportation system to relieve landside 
congestion along coastal routes. The Secretary will designate 
projects if the project offers a waterborne alternative to 
available landside transportation and provide for 
transportation services for passengers or freight (or both) 
that may reduce congestion. The subtitle requires the Secretary 
to develop, in consultation with other Federal agencies and 
state and local governments, strategies to encourage the use of 
short sea transportation of passengers and cargo and to 
encourage state departments of transportation to develop 
strategies to incorporate short sea transportation and other 
marine transportation solutions into their regional and 
interstate transportation plans. Subtitle C also amends the 
Capital Construction Fund (``CCF'') program so that vessels 
engaged in short sea transportation are eligible to participate 
in this program. CCF is a tax deferral program that allows a 
vessel owner to deposit funds into the account and defers the 
taxation on the earnings in the account if the owner uses the 
funds to build a vessel for short sea transportation. The 
deferred taxation is recaptured by decreasing the depreciable 
base of the vessel by the amount of CCF funds used to purchase 
the vessel.

    ECONOMIC DEVELOPMENT, PUBLIC BUILDINGS, AND EMERGENCY MANAGEMENT

                   Federal Building Energy Efficiency

    Section 323 amends section 3307(b) of the Public Buildings 
Act (40 U.S.C. 601-619) by inserting new paragraph (7). The 
paragraph requires the Administrator of General Services to 
include in any prospectus of a proposed facility being 
transmitted to Congress for approval an estimate of future 
energy performance of the building or space and a specific 
description of the use of energy efficient and renewable energy 
systems, including photovoltaic systems. This section also 
authorizes the Administrator of General Services to include 
minimum performance requirements requiring energy efficiency 
and use of renewable energy in leased space. In addition, 
section 323 directs the Administrator of General Services to 
equip each public building significantly altered or 
constructed, to the maximum extent practicable, with lighting 
fixtures and bulbs that are energy efficient. This section 
directs the Administrator of General Services in normal routine 
maintenance to replace lighting fixtures or bulbs with energy 
efficient lighting fixtures and bulbs. Finally, this section 
amends section 3310 of the Public Buildings Act by inserting a 
new section 3 that authorizes the Administrator of General 
Services to include in any solicitation for a lease requiring a 
prospectus required under section 3307 of title 40 an 
evaluation factor that considers the extent to which the 
offeror will promote energy efficiency and use renewable 
energy.
    Title IV, Subtitle B amends the National Energy 
Conservation Policy Act (``NECPA'') to set forth specific 
energy reduction goals for Federal buildings for FY 2006 
through FY 2015 and requires Federal agencies to designate an 
energy manager to reduce facility energy use. This subtitle 
also establishes specific goals to reduce fossil fuel 
consumption by Federal buildings. In addition, Subtitle B 
directs the Administrator of General Services to establish an 
Office of Federal High-Performance Green Buildings within GSA 
and requires the Director of the Office to implement a ``green 
building'' certification system. Finally, this subtitle amends 
the National Energy Conservation Policy Act by extending the 
life-cycle cost calculation period from 25 years to 40 years.
    Title V, Subtitle C directs the Administrator of General 
Services to install a photovoltaic system for the headquarters 
building of the Department of Energy located at 1000 
Independence Avenue, SW., in Washington, DC. This subtitle also 
directs the Secretary of Energy to establish Federal building 
energy efficiency performance standards that require at least 
30 percent of the hot water demand for each new Federal 
building or major renovation of a Federal building to be met 
through the installation and use of solar hot water heaters.

U.S. Capitol Complex Energy Efficiency

    Title V, Subtitle A authorizes the Architect of the Capitol 
to perform a feasibility study regarding construction of 
photovoltaic roof on the Rayburn House Office Building and the 
Hart Senate Office Building. This subtitle also authorizes the 
Architect of the Capitol to construct a fuel tank and pumping 
system for E-85 fuel at or within close proximity to the 
Capitol Grounds Fuel Station. In addition, Subtitle A 
authorizes the Architect of the Capitol, to the maximum extent 
practicable, to include energy efficient measures, climate 
change mitigation measures, and other appropriate environmental 
measures in the Capitol Complex Master Plan. Finally, this 
subtitle authorizes the Architect of the Capitol, for the 
purposes of reducing carbon dioxide emissions, to install 
technologies for the capture and storage or use of carbon 
dioxide emitted from the Capitol power plant as a result of 
burning coal.

                          HIGHWAYS AND TRANSIT

Center for Climate Change and Environment

    Section 1101 authorizes the Department of Transportation's 
Center for Climate Change and Environment to plan, coordinate, 
and implement Department-wide research, strategies, and actions 
to reduce transportation-related energy use and mitigate the 
effects of climate change. This section requires the Center to 
establish a clearinghouse to identify and track low-cost 
solutions to reducing transportation-related energy use, 
greenhouse gas emissions, and mitigate the effects of climate 
change.

Congestion Mitigation and Air Quality Improvement Program Incentives

    Section 1131 increases the Federal commitment to congestion 
mitigation and air quality improvement projects by increasing 
the Federal share for grants under the Congestion Mitigation 
Air Quality (``CMAQ'') program from 80 percent under current 
law to 100 percent of the net project cost. The section will 
assist regions in complying with the Clean Air Act and reducing 
transportation-related emissions.
    Section 1132 requires States to implement future 
rescissions of unobligated Federal-Aid Highway program contract 
authority proportional to the programmatic allocation received 
in a given fiscal year, if there is unobligated contract 
authority available to meet the rescission requirements. States 
have chosen to apply pervious rescissions disproportionately to 
cut contract authority for the Congestion Mitigation and Air 
Quality Improvement (``CMAQ'') program and Transportation 
Enhancement program funds. Both of these programs provide 
significant environmental benefits.

``Complete Streets'' Design

    Section 1133 encourages state and local governments to 
employ ``complete streets'' policies. Complete streets are 
streets designed to accommodate all users of a variety of modes 
of transportation, including environmentally friendly options 
such as public transit, walking, and bicycling.

             RAILROADS, PIPELINES, AND HAZARDOUS MATERIALS

Ethanol Transportation Studies

    Section 243 directs the Secretary of Energy, in 
coordination with the Secretary of Transportation, to conduct 
feasibility studies for the construction of pipelines dedicated 
to the transportation of ethanol. The study includes 
consideration of the barriers to constructing pipelines 
dedicated to the transportation of ethanol; market risk; 
regulatory, and financing options that would mitigate any risk; 
methods to ensure safe transportation of ethanol and preventive 
measures to ensure pipeline integrity; and other factors the 
Secretary of Energy considers appropriate. This section 
authorizes appropriations of $1 million for each of fiscal 
years 2008 and 2009 to carry out this section. Section 245 
directs the Secretary of Energy, in coordination with the 
Secretary of Transportation, to jointly conduct a study of the 
adequacy of transportation of domestically-produced renewable 
fuels by railroad and other modes of transportation as 
designated by the Secretaries.

Green Locomotive Grant Pilot Program

    Section 1111 requires the Secretary to establish a 
competitive grant program to incentivize railroad carriers and 
state and local governments to purchase hybrid and other 
energy-efficient locomotives, including hybrid switch and 
generator-set locomotives. The section authorizes $10 million 
for each of fiscal years 2008 through 2011 to carry out this 
program.

Regional and Shortline Railroad Grant Program

    Section 1112 directs the Secretary of Transportation to 
establish a capital grant program to assist regional and short 
line railroads in rehabilitating, preserving, or improving 
railroad track used primarily for the safe and efficient 
transportation of freight traffic. This section authorizes $50 
million for each of fiscal years 2008 through 2011 to carry out 
this capital grant program.

               Food, Conservation, and Energy Act of 2008


                           Public Law 110-234


                         (H.R. 2419/H.R. 6124)


                              May 22, 2008

    The Food, Conservation, and Energy Act of 2008 (P.L. 110-
234) contains several provisions within the jurisdiction of the 
Committee on Transportation and Infrastructure.

    ECONOMIC DEVELOPMENT, PUBLIC BUILDINGS, AND EMERGENCY MANAGEMENT

    Section 6025 of the Act reauthorizes the Delta Regional 
Authority (``DRA'') through fiscal year 2012 at current levels, 
and adds 12 additional counties to be eligible for assistance 
in Louisiana and Mississippi.
    Section 6026 of the Act reauthorizes the Northern Great 
Plains Regional Authority (``NGPRA'') through fiscal year 2012 
at current levels, and makes several changes to the 
Commission's structure.
    Section 14217 authorizes three new regional development 
commissions: the Northern Border Regional Commission, the 
Southeast Crescent Regional Commission, and the Southwest 
Border Regional Commission. These Commissions are authorized 
through fiscal year 2012, at $30 million per year for each 
Commission. The Act places these three commissions under one 
unified administration and management structure, as modeled 
after the Appalachian Regional Commission (``ARC'').

                    WATER RESOURCES AND ENVIRONMENT

    Section 2605 directs the Secretary of Agriculture to assist 
in the implementation of conservation activities on 
agricultural lands in the Chesapeake Bay watershed through a 
new Chesapeake Bay Program for Nutrient Reduction and Sediment 
Control program. Section 2803 reauthorizes appropriations for 
the Natural Resources Conservation Service Small Watershed 
Rehabilitation Program through fiscal year 2012 at $100 million 
per year.

                       ADA Amendments Act of 2008


                           Public Law 110-325


                               (S. 3406)


                           September 25, 2008

    The ADA Amendments Act of 2008 (P.L. 110-325) ensures the 
full implementation of the protections enacted by Congress in 
the Americans with Disabilities Act (``ADA'') of 1990 and 
provides a clear and comprehensive national mandate for the 
elimination of discrimination on the basis of disability.
    The Act amends the definition of disability to clarify the 
intent of Congress in light of several opinions of the U.S. 
Supreme Court that have narrowed the definition of disability. 
The Act retains the original three prongs of the definition of 
disability: a physical or mental impairment that substantially 
limits one or more life activities; a record of such 
impairment; or being regarded as having such impairment. 
However, it clarifies the intent of several elements of the 
definition.
    Among other provisions, the Act prohibits the consideration 
of mitigating measures, such as medication, assistive 
technology, accommodations, and modifications, in determining 
whether an impairment substantially limits a major life 
activity. The Act also provides that the definition of 
disability shall be construed broadly.
    Entities covered under the ADA will not be required to 
provide reasonable accommodations or reasonable modifications 
to policies and procedures for individuals who meet the 
definition of disability only because they are ``regarded as 
having an impairment.''
    This Act clarifies that the three agencies that currently 
issue regulations under the ADA, including the Department of 
Transportation, have regulatory authority related to the 
definitional amendments made by this Act.

        National Defense Authorization Act for Fiscal Year 2008


                           Public Law 110-181


                              (H.R. 4986)


   (See also H.R. 1585, vetoed by the President on December 28, 2007)


                            January 28, 2008

    The National Defense Authorization Act for Fiscal Year 2008 
was signed into law on January 28, 2008. This Act contains 
several provisions within the jurisdiction of the Committee on 
Transportation and Infrastructure.

                                AVIATION

    Section 1064 of the Act repeals section 1063 of the 
National Defense Authorization Act for FY 2006 (P.L. 109-163) 
and reaffirms state procurement authority over the Abraham 
Lincoln National Airport Commission, University Park, Illinois, 
and removes restrictive representation requirements for who may 
serve on the airport board. Section 378 extends the war risk 
insurance program from March 30, 2008, to December 31, 2013. 
Section 1078 requires the Federal Aviation Administration 
(``FAA'') to regulate the safety of certain aviation services 
provided under contract to the Department of Defense (``DOD'').

                COAST GUARD AND MARITIME TRANSPORTATION

    Section 521 of the Act makes members of the Ready Reserve 
eligible for tuition assistance, and requires the Secretary of 
Defense to conduct a study on the tuition assistance program. 
Section 2845 authorizes a land exchange between the city of 
Detroit and the United States Coast Guard. Section 3511 amends 
the commercial vessel chartering rules applicable to the 
Secretary of Transportation and expands the Secretary's 
authority to purchase, charter, operate or otherwise acquire a 
vessel ``as the Secretary deems appropriate'', which allows 
leases for longer periods of time than the 18 months allowable 
under current law. Section 3521 clarifies that the Jones Act 
permits a seaman to pursue his claim against his employer 
wherever the employer does business.

    ECONOMIC DEVELOPMENT, PUBLIC BUILDINGS, AND EMERGENCY MANAGEMENT

    Section 2708 allows the Administrator of General Services 
to transfer 69.5 acres of real property, including warehouse 
facilities, in Springfield, Virginia to the Secretary of the 
Army, in the context of relocation of members of the Armed 
Forces and DOD civilian employees to Fort Belvoir.

                    WATER RESOURCES AND ENVIRONMENT

    Section 311 authorizes the Secretary of Defense to transfer 
to the Environmental Protection Agency funds to reimburse the 
Environmental Protection Agency (``EPA'') for costs incurred in 
connection with the former Larson Air Force Base, Moses Lake 
Superfund Site, Moses Lake, Washington. Section 312 authorizes 
the Secretary of Defense to transfer to EPA funds to reimburse 
EPA for costs incurred in connection with the Arctic Surplus 
Superfund Site, Fairbanks, Alaska. Section 313 authorizes the 
Secretary of the Navy to contribute funds to the Superfund 
Trust Fund as a stipulated penalty assessed by the EPA against 
the Jackson Park Housing Complex, Washington. Section 2875 
directs the Corps of Engineers to assume operation and 
maintenance responsibilities for a flood control project 
located within the city of Woonsocket, RI from the non-Federal 
sponsor.

 Duncan Hunter National Defense Authorization Act for Fiscal Year 2009


                           Public Law 110-417


                               (S. 3001)


                            October 14, 2008

    The Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (P.L. 110-417) contains several provisions 
within the jurisdiction of the Committee on Transportation and 
Infrastructure.

                                AVIATION

    Section 2854 prohibits the airfield property located at 
NASJRB Willow Grove from being used for commercial passenger 
and cargo aircraft operations, as a reliever airport due to 
congestion at other airports, or as a general aviation airport.

                COAST GUARD AND MARITIME TRANSPORTATION

    Section 601 authorizes a pay raise for the members of the 
uniformed services, including the United States Coast Guard, of 
3.9 percent effective on January 1, 2009. Section 619 amends 
section 353 of title 37, United States Code, to authorize a 
skill proficiency bonus of up to $12,000 annually to a member 
enrolled in an officer training program, which affects Coast 
Guard officers. Section 881 clarifies that the Secretary of 
Homeland Security can issue regulations governing the 
registration and licensing of trademarks owned and controlled 
by the Coast Guard and gives the Department of Homeland 
Security the ability to retain fees from licensing of 
intellectual property.

                          HIGHWAYS AND TRANSIT

    Section 3512 creates a Port of Guam Improvement Enterprise 
Program to provide for the planning, design, and construction 
of projects for the Port of Guam to improve facilities, relieve 
congestion, and provide greater access to facilities. This 
section includes a limitation that highway project funds 
provided to Guam under title 23, United States Code, are not 
eligible to be transferred to the Port of Guam Improvement 
Enterprise Fund. Section 2814 amends Section 210 of title 23, 
the Defense Access Roads program, and requires the Secretary of 
Defense to conduct a transportation needs assessment if an 
action of the Department of Defense will cause a significant 
transportation impact.

                    WATER RESOURCES AND ENVIRONMENT

    Section 312 authorizes the Secretary of Defense to transfer 
funds to reimburse the Environmental Protection Agency for its 
costs in overseeing a remedial investigation and feasibility 
study at the former Larson Air Force Base, Moses Lake Superfund 
Site, in Washington. Section 1067 amends section 101(a)(1) of 
the Water Resources Development Act of 2000 (related to the 
project for hurricane and storm damage reduction, Barnegat 
Inlet to Little Egg Inlet, New Jersey) to direct the Secretary 
of the Army to handle, at Federal expense, munitions located on 
the beach during section construction of the project. Section 
2811 changes Department of Defense reporting requirements to 
require DOD to report to Congress on real property transactions 
associated with ``Army civil works water resource development 
projects''.

                                Aviation


               Fair Treatment for Experienced Pilots Act


                           Public Law 110-135


                              (H.R. 4343)


                           December 13, 2007

    The Fair Treatment for Experienced Pilots Act (P.L. 110-
135) changes FAA regulations that require pilots to retire at 
age 60. The law allows pilots to serve in a multi-crew part 121 
operation until age 65. On international flights, pilots over 
the age of 60 may pilot the plane only if there is another 
pilot in the flight deck crew who is under age 60, in 
accordance with current International Civil Aviation 
Organization (``ICAO'') standards.
    This law does not apply to any person who has attained 60 
years of age before the date of enactment of this section 
unless the person was, on the date of enactment, a required 
flight crew member (i.e., a pilot, co-pilot, or flight 
engineer) or such person was hired by an air carrier as a pilot 
on or after enactment date without credit for prior seniority 
or benefits under any labor agreement or employment policies of 
the air carrier. In addition, the law requires pilots over the 
age of 60 to: (1) have a first-class medical certificate 
renewed every six months; (2) continue to participate in FAA 
pilot training and qualification programs administered by the 
air carrier to ensure continued acceptable levels of pilot 
skill and judgment; and (3) be administered a line check every 
six months. However, for pilots serving as second in command, 
if he or she received and passed a simulator check during that 
same six-month period, a line check during that period need not 
be conducted. Moreover, the law requires the Government 
Accountability Office (``GAO'') to provide a report to 
congressional committees of jurisdiction concerning the effect, 
if any, on aviation safety because of the change in pilot age 
standards.

                Airport and Airway Extension Act of 2008


                           Public Law 110-190


                              (H.R. 5270)


                           February 28, 2008

    The previous long-term FAA reauthorization act, Vision 
100--Century of Aviation Reauthorization Act (P.L. 108-76), 
expired on September 30, 2007. On September 20, 2007, the House 
passed H.R. 2881, the ``FAA Reauthorization Act of 2007'', to 
reauthorize FAA programs for FY 2008-FY 2011. Given that the 
Senate did not complete action on the legislation, a short-term 
extension was necessary. Initially, aviation program funding, 
aviation excise taxes, and the FAA's authority to make 
expenditures from the Airport and Airway Trust Fund (``Aviation 
Trust Fund'') were extended from October 1, 2007, through 
December 31, 2007, by a series of continuing appropriations 
resolutions. See P.L. 110-92, P.L. 110-116, P.L. 110-137, and 
P.L. 110-149. The FY 2008 Consolidated Appropriations Act (P.L. 
110-161) further extended the aviation taxes and the Aviation 
Trust Fund expenditure authority through February 29, 2008, and 
provided funding for most FAA programs through the remainder of 
FY 2008. However, the FY 2008 Consolidated Appropriations Act 
did not extend the FAA's Airport Improvement Program (``AIP'').
    P.L. 110-190 extends aviation programs and taxes for four 
months, from February 29, 2008, through June 30, 2008. It 
provides extensions of: (1) contract and expenditure authority 
from the Aviation Trust Fund for the AIP; and (2) aviation 
excise and fuel taxes. To allow aviation programs to continue 
under the same terms and conditions as were in effect during 
the previous authorization period, the law extends several 
other provisions of Vision 100, including the government share 
of AIP costs; and provisions relating to eligibility for 
essential air service (``EAS'') compensation.

                       FAA Extension Act of 2008


                           Public Law 110-253


                              (H.R. 6327)


                             June 30, 2008

    The FAA Extension Act of 2008 (P.L. 110-253) extends 
aviation programs and taxes for three months, from June 30, 
2008, through September 30, 2008. It provides extensions of: 
(1) contract and expenditure authority from the Aviation Trust 
Fund for the AIP; (2) aviation excise and fuel taxes; and (3) 
passenger facility charge (``PFC'') authority. DOT insurance 
coverage for domestic and foreign air carriers is also extended 
through November 30, 2008. The law extends through March 31, 
2009, air carrier liability limits for third-party damages 
resulting from acts of terrorism. To allow aviation programs to 
continue under the same terms and conditions as were in effect 
during the previous authorization period, the law also extends 
several other provisions of Vision 100.

                   FAA Extension Act of 2008, Part II


                           Public Law 110-330


                              (H.R. 6984)


                           September 30, 2008

    The FAA Extension Act of 2008, Part II (P.L. 110-330) 
extends aviation programs and taxes for six months, from 
September 30, 2008, through March 31, 2009. It provides 
extensions of: (1) contract and expenditure authority from the 
Aviation Trust Fund for the AIP; (2) the authorization of 
appropriations for FAA operations, facilities and equipment 
(``F&E''), and research, engineering, and development 
(``RE&D''); (3) aviation excise and fuel taxes; and (4) the 
small community air service development (``SCASD'') program. 
DOT insurance coverage for domestic and foreign air carriers is 
also extended through March 31, 2009. The law extends through 
May 31, 2009, air carrier liability limits for third-party 
damages resulting from acts of terrorism. To allow aviation 
programs to continue under the same terms and conditions as 
were in effect during the previous authorization period, the 
law also extends several other provisions of Vision 100.

                 Air Carriage of International Mail Act


                           Public Law 110-405


                               (S. 3536)


                            October 13, 2008

    The Air Carriage of International Mail Act (P.L. 110-405) 
allows the U.S. Postal Service to contract with certificated 
air carriers to transport international mail overseas. The 
contract can be awarded to any foreign points that the 
Secretary of Transportation (``Secretary'') has authorized the 
carrier to serve.

To Amend Title 49, United States Code, To Expand Passenger Facility Fee 
          Eligibility for Certain Noise Compatibility Projects


                           Public Law 110-337


                                (S. 996)


                            October 2, 2008

    Public Law 110-337 allows a passenger facility fee that is 
levied at a large hub airport to be used to carry out noise 
mitigation for certain school buildings in a noise impacted 
area surrounding an airport, in certain circumstances. It 
enables new construction of a school if sound insulation and 
other retrofitting of an existing building do not provide 
meaningful noise relief. The law defines eligible project costs 
for any new construction as limited to the difference in cost 
between constructing to ordinary building code standards for 
schools and the cost of incorporating noise mitigation features 
in the construction.

                Coast Guard and Maritime Transportation


               Maritime Pollution Prevention Act of 2008


                           Public Law 110-280


                               (H.R. 802)


                             July 21, 2008

    The International Convention for the Prevention of 
Pollution from Ships, known as MARPOL, is a treaty negotiated 
by the members of the United Nation's International Maritime 
Organization to limit various forms of pollution emitted by 
ocean-going vessels. Annex VI, which has been in force 
internationally since 2005, limits air pollution emitted by 
ships, including limiting emissions of nitrogen oxides and 
prohibiting the deliberate release of substances that deplete 
atmospheric ozone. This law institutes the legal changes needed 
to bring the United States into compliance with Annex VI. With 
these legal changes, the United States was able to deposit its 
instrument of ratification and thus to formally join Annex VI.

            Drug Trafficking Vessel Interdiction Act of 2008


                           Public Law 110-407


                               (S. 3598)

    This law establishes criminal and civil penalties for 
operating a submersible or semisubmersible vessel without 
nationality on the high seas. These vessels are currently being 
used to smuggle large amounts of cocaine and other drugs into 
the United States.

                Oregon Surplus Federal Land Act of 2008


                           Public Law 110-364


                              (H. R. 6370)

    This law transferred 24 acres of excess Federal property 
administered by the Coast Guard to the Confederated Tribes of 
the Coos, Lower Umpqua, and Siuslaw Indians. The transfer will 
include the Cape Arago Light Station, in Coos County, Oregon, 
which will be transferred to the Secretary of the Interior and 
held in trust for the benefit of the Confederated Tribes of the 
Coos, Lower Umpqua, and Siuslaw Indians. Under the terms 
provided in the law, the Light Station is to be made available 
to the general public for educational, park, recreational, 
cultural, and historic preservation purposes.

 To Repeal the Provision of Title 46, United States Code, Requiring a 
  License for Employment in the Business of Salvaging on the Coast of 
                                Florida


                           Public Law 110-375


                               (S. 2482)


                            October 8, 2008

    This law repeals an antiquated law that required vessels--
and the captains of vessels--conducting salvage operations off 
the coast of Florida to obtain licenses from a United States 
District Court. The antiquated law, which applied only to 
Florida, was adopted in 1847; no license had been issued under 
this law since approximately 1921.

     Jupiter Inlet Lighthouse Outstanding Natural Area Act of 2008


                    Public Law 110-229, Section 202


                              (H.R. 1922)


                              May 8, 2008

    Section 202 of Public Law 110-229, the Consolidated Natural 
Resources Act of 2008, establishes the Jupiter Inlet Lighthouse 
Outstanding Natural Area in Palm Beach County, Florida. Located 
at the confluence of the Indian and Loxahatchee Rivers, the 
Jupiter Island Inlet frames a point of land that has played a 
significant role in Florida coastal history for centuries. The 
Jupiter Island Inlet Lighthouse, built atop a prehistoric 
Indian mound, was first lit on July 10, 1860, and the 156-foot 
structure is the oldest existing building in Palm Beach County. 
The lighthouse was transferred from the Navy to the U.S. Coast 
Guard in 1939, and it was added to the National Register of 
Historic Places on November 15, 1973. In 1986, much of the 
reservation around the lighthouse was returned to public land 
status under the Bureau of Land Management, which coordinates 
management activities by six separate entities under the 
Jupiter Inlet Coordinated Resource Management Plan. Section 202 
of Public Law 110-229 requires the Secretary of the Interior to 
develop a comprehensive management plan for the Jupiter Inlet 
Lighthouse Outstanding Natural Area within three years, and 
specifies that the requirements of the management plan will not 
affect on-going or planned Coast Guard operations in the 
Natural Area.

    Economic Development, Public Buildings, and Emergency Management


  Hurricanes Katrina, Rita, and Wilma Federal Match Relief Act of 2007


                           Public Law 110-28


                              (H.R. 1144)


                   (incorporated as part of S. 2206)


                              May 8, 2008

    This law waives the non-Federal share of the cost of 
certain disaster assistance related to Hurricanes Katrina, 
Rita, and Wilma and restores the authority of the Federal 
Emergency Management Agency (``FEMA'') to cancel loans to local 
governments for recovery from Hurricanes Katrina, Rita, and 
Wilma under the Community Disaster Loan (``CDL'') program.

      Kids in Disasters Well-being, Safety, and Health Act of 2007


       Public Law 110-161, Division G, Title VI, sections 601-613


                              (H.R. 3495)


                     (incorporated into H.R. 2764)


                           December 26, 2007

    The Kids in Disasters Well-being, Safety, and Health Act of 
2007 establishes a National Commission on Children and 
Disasters. The purposes of the Commission are to: (1) conduct a 
comprehensive study to examine and assess the needs of children 
as they relate to preparation for, response to, and recovery 
from all hazards, including major disasters and emergencies; 
(2) build upon and review the recommendations of other 
government and nongovernmental entities that work on issues 
relating to the needs of children in disasters; and (3) report 
to the President and Congress on its specific findings, 
conclusions, and recommendations to address the needs of 
children as they relate to preparation for, response to, and 
recovery from all hazards, including disasters and emergencies.
    More specifically, the Commission is tasked with 
investigating the needs of children facing disasters in the 
areas of children's health, child welfare, elementary and 
secondary education, affordable housing, transportation, and 
relevant activities in emergency mitigation, preparedness, 
response, and recovery.
    The Commission is required to submit a final report to the 
President and Congress on its specific findings, conclusions, 
and recommendations.

        Appalachian Regional Development Act Amendments of 2008


                           Public Law 110-371


                           (S. 496/H.R. 799)


                            October 8, 2008

    This law reauthorizes the Appalachian Regional Commission 
(``ARC'') for five years, from fiscal year 2008 through fiscal 
year 2012. The Appalachian Regional Development Act of 1965 
(``ARDA'') established the ARC. The ARC is a regional economic 
development agency representing a precedent-setting partnership 
of Federal, State, and local government. The ARC includes all 
or part of 13 States: Alabama, Georgia, Kentucky, Maryland, 
Mississippi, New York, North Carolina, Ohio, Pennsylvania, 
South Carolina, Tennessee, Virginia, and West Virginia. The 
ARC's primary objective is to support development of 
Appalachia's economy and critical infrastructure to provide a 
climate for growth in business and industry that will create 
jobs. The ARC administers a variety of programs to aid in the 
development and advancement of the region including the 
creation a highway system, enhancements in education and job 
training, and the development of water and sewer systems. This 
law strengthens the ARDA by providing tools to better assist 
those counties most at-risk of becoming economically distressed 
and by increasing the authorization level for the ARC.

           John F. Kennedy Center Reauthorization Act of 2008


                           Public Law 110-338


                              (H.R. 3986)


                            October 3, 2008

    This law amends the John F. Kennedy Center Act to authorize 
appropriations for the John F. Kennedy Center for the 
Performing Arts for five years. The law authorizes 
appropriations to carry out maintenance, repair, and security 
projects and capital projects for the Kennedy Center for fiscal 
years FY 2008 through FY 2012. In addition, the legislation 
authorizes the Board of Trustees to study, plan, design, 
engineer, and construct a photovoltaic system for the main roof 
of the Kennedy Center. The law authorizes such sums as may be 
necessary to construct the photovoltaic system.

           Old Post Office Building Redevelopment Act of 2008


                           Public Law 110-359


                              (H.R. 5001)


                            October 8, 2008

    This law authorizes the Administrator of General Services 
to provide for the redevelopment of the Old Post Office 
Building located in the District of Columbia. In the past, the 
development expected at the Old Post Office Building was not 
successful due to constant turnover of retail businesses and 
low satisfaction by tenants. The policy of the Federal 
Government has long been to preserve and make usable historic 
properties rather than sell them for revenue. Preservation and 
use are particularly important for this property, where not 
only its historic status but, security concerns inherent in its 
location mean that the property must be controlled by the 
Federal Government. This law authorizes the Administrator of 
General Services to enter into a development agreement to 
redevelop the Old Post Office Building under terms and 
conditions that are beneficial to the Federal Government.

    Federal Protective Service Guard Contracting Reform Act of 2008


                           Public Law 110-356


                              (H.R. 3068)


                            October 8, 2008

    This law prohibits the Secretary of Homeland Security from 
awarding contracts to provide guard services under the contract 
security guard program of the Federal Protective Service 
(``FPS'') to a business concern that is owned, controlled, or 
operated by an individual who has been convicted of a felony. 
This legislation was developed based on the findings of two 
oversight hearings conducted by the Committee on Transportation 
and Infrastructure. On April 18, 2007, the Committee held a 
hearing entitled ``Proposals to Downsize the Federal Protective 
Service and Effects on the Protection of Federal Buildings''. 
On June 21, 2007, the Committee held a hearing entitled ``The 
Responsibility of the Department of Homeland Security and the 
Federal Protective Service to Ensure Contract Guards Protect 
Federal Employees and Their Workplaces''.
    The first hearing focused on Department of Homeland 
Security (``DHS'') proposals to cut the presence of Federal 
Protective Service officers nationally. The hearing examined 
FPS' core capabilities since being moved into DHS, its ability 
to deal with the threats in cities in which the DHS proposal 
indicated the city would lose FPS officer presence, and its new 
proposed core mission. The hearing also highlighted DHS' 
increased reliance on contract security guards to protect and 
respond to threats to Federal buildings as the number of FPS 
officers is reduced.
    The second hearing focused on the role that contract guard 
services play in assisting FPS officers in protecting Federal 
buildings. The hearing also highlighted a company, run by an 
individual convicted of fraud, which had not paid its security 
guards and, as a result, potentially created a security risk in 
Federal buildings.

To Amend Public Law 108-331 To Provide for the Construction and Related 
Activities in Support of the Very Energetic Radiation Imaging Telescope 
               Array System (VERITAS) Project in Arizona


                           Public Law 110-341


                             (S.J. Res. 35)


                            October 3, 2008

    This law amends Public Law 108-331 to provide for the 
construction and related activities in support of the Very 
Energetic Radiation Imaging Telescope Array System (VERITAS) 
project in Arizona.

  To Authorize the Administrator of General Services To Take Certain 
 Actions With Respect to Parcels of Real Property Located in Eastlake, 
    Ohio, and Koochiching County, Minnesota, and for Other Purposes


                           Public Law 110-427


                              (H.R. 6524)


                            October 15, 2008

    This law authorizes the Administrator of General Services 
to release restrictions contained in the deed that conveyed a 
parcel of real property to Eastlake, Ohio, in 1964. The 10.8-
acre site is the site of the John F. Kennedy Senior Center. The 
city of Eastlake will pay the General Services Administration 
(``GSA'') $30,000 as consideration for release of the property 
restrictions. In addition, this law authorizes the 
Administrator of General Services to convey a parcel of real 
property to Koochiching County, Minnesota. The 5.8-acre 
property is located in International Falls, Minnesota, and is 
the former site of the Koochiching Army Reserve Training 
Center. Koochiching County will pay GSA $30,000 as 
consideration for the real property. GSA will transfer these 
funds to the Secretary of the Army. The conveyance of the real 
property is made on the condition that the property will be 
used for a public purpose.

 To Authorize the Administrator of General Services To Convey a Parcel 
          of Real Property to the Alaska Railroad Corporation


               Public Law 110-244, Title IV, section 401


                              (H.R. 1036)


                              June 6, 2008

    Section 401 of Title IV of the SAFETEA-LU Technical 
Corrections Act of 2008 (P.L. 110-244) authorizes the 
Administrator of General Services to convey a parcel of real 
property to the Alaska Railroad Corporation, an entity of the 
State of Alaska. Subject to the requirements of this 
legislation, the Administrator shall convey, by quitclaim deed, 
to the Alaska Railroad Corporation, all right, title, and 
interest of the United States in and to the parcel of real 
property known as the GSA Fleet Management Center. The GSA 
Fleet Management Center is a 78,000-square-foot parcel of real 
property located at the intersection of 2nd Avenue and 
Christensen Avenue in Anchorage, Alaska. As consideration for 
the property, the Administrator shall require the Corporation 
to either convey a replacement facility to GSA or pay the fair 
market value of the property based on its highest and best use 
as determined by an independent appraisal commissioned by the 
Administrator and paid for by the Alaska Railroad Corporation. 
All proceeds derived from any payment for the property will be 
deposited in the Federal Buildings Fund.

 To Provide for the Conditional Conveyance of any Interest Retained by 
 the United States in St. Joseph Memorial Hall in St. Joseph, Michigan


               Public Law 110-244, Title IV, section 402


                               (H.R. 494)


                              June 6, 2008

    Section 402 of Title IV of the SAFETEA-LU Technical 
Corrections Act of 2008 (P.L. 110-244) directs the 
Administrator of General Services to convey, by quitclaim deed, 
to the city of St. Joseph, Michigan, any interest retained by 
the United States in St. Joseph Memorial Hall. The law defines 
St. Joseph Memorial Hall. St. Joseph Memorial Hall is the 
property subject to conveyance from the Secretary of Commerce 
to the city of St. Joseph, Michigan, by quitclaim dated May 9, 
1936, recorded in Liber 310, at page 404, in the Register of 
Deeds for Berrien County, Michigan. As consideration for the 
conveyance, the city of St. Joseph, Michigan, shall pay $10,000 
to the United States. The Administrator may require additional 
terms and conditions for the conveyance to protect the 
interests of the United States.

    To Amend the International Center Act To Authorize the Lease or 
 Sublease of Certain Property Described in Such Act to an entity Other 
  Than a Foreign Government or International Organization if Certain 
                           Conditions Are Met


                           Public Law 110-249


                              (H.R. 3913)


                             June 26, 2008

    This law amends the International Center Act to authorize 
the lease or sublease of certain property described in such Act 
to an entity other than a foreign government or international 
organization if certain conditions are met. The Vienna 
Convention of 1962 on Diplomatic and Consular Relations 
requires that (1) the sending State locate its Chancery in the 
receiving State Capital City; (2) the receiving State assist 
the sending State in locating suitable an affordable space for 
its Chancery; and (3) the receiving State provide adequate 
protection for such facilities. To fulfill this obligation and 
provide land for new embassies and consulates, the U.S. State 
Department acquired land in the District of Columbia pursuant 
to the International Center Act (``ICA'') (P.L. 90-553). This 
47-acre parcel of land, known as the International Center, is 
located on Connecticut Avenue and Van Ness Street, N.W., in 
Washington DC, and offers leased space for foreign government 
and international organizations.

   To Provide for the Construction, Operation, and Maintenance of an 
              Arterial Road in St. Louis County, Missouri


                           Public Law 110-16


                              (H.R. 1129)


                             March 28, 2007

    This law provides for the construction, operation, and 
maintenance of an arterial road in St. Louis County, Missouri 
known as the ``Lemay Connector Road''.

     United States Fire Administration Reauthorization Act of 2008


                           Public Law 110-376


                              (H.R. 4847)


                            October 8, 2008

    This law authorizes appropriations for the United States 
Fire Administration (``USFA'') for fiscal years 2009 through 
2012, and authorizes USFA's activities related to training, 
public education, data collection, research, and national 
voluntary consensus standards. With regard to USFA's 
activities, the legislation updates the curriculum of the 
National Fire Academy, expands on-site training programs for 
fire service personnel, upgrades the National Fire Incident 
Reporting System, encourages more research related to wildland 
fires and the publication of such research, and promotes the 
adoption of national voluntary consensus standards for 
firefighter health and safety. It also establishes a fire 
service position at the U.S. Department of Homeland Security's 
National Operations Center and requires appropriate 
coordination at all levels of government with regard to fire 
prevention and control and emergency medical services.

       U.S. Capitol Police and Library of Congress Police Merger 
                       Implementation Act of 2007


                           Public Law 110-178


                              (H.R. 3690)


                            January 7, 2008

    This law establishes a framework and initiates the process 
of merging the U.S. Capitol Police and the Library of Congress 
Police, as provided by section 1015 of Legislative Branch 
Appropriations Act, 2003 (P.L. 108-7). In 2003, Congress 
enacted legislation to merge the police agencies to create 
``seamless security'' on Capitol Hill. The law implements the 
U.S. Capitol Police and Library of Congress Police merger plan.

 To Provide That the Great Hall of the Capitol Visitor Center Shall Be 
                       Known as Emancipation Hall


                           Public Law 110-139


                              (H.R. 3315)


                           December 18, 2007

    This law designates the great hall of the Capitol Visitor 
Center as ``Emancipation Hall''. In 2004, Congress directed the 
Architect of the Capitol to study and report on the history and 
contributions of slave laborers in the construction of the U.S. 
Capitol. The 2005 report, entitled ``History of Slave Laborers 
in the Construction of the United States Capitol'', examined 
the efforts of slaves to help build the Capitol, other Federal 
buildings, and the White House, which at the time was known as 
the President's House. Although the record was incomplete 
because of limited documentation of slave labor, the evidence 
available and historical context in the report provided several 
indications that slaves and free African Americans played a 
significant role in building the physical symbols of the United 
States. In 2005, the Slave Laborers Task Force was established 
to study and recognize the contributions of enslaved African 
Americans in building the U.S. Capitol. On November 7, 2007, 
the Slave Laborers Task Force, chaired by Representative John 
Lewis, specifically recommended that the great hall of the 
Capitol Visitor Center be designated as ``Emancipation Hall''.

 To Designate the United States Courthouse Located at 555 Independence 
 Street, Cape Girardeau, Missouri, as the ``Rush Hudson Limbaugh, Sr. 
                       United States Courthouse''


                           Public Law 110-13


                               (H.R. 342)


                             March 21, 2007

    This law designates the United States Courthouse located at 
555 Independence Street, Cape Girardeau, Missouri as the ``Rush 
Hudson Limbaugh, Sr. United States Courthouse''.
    Rush Hudson Limbaugh, Sr. was born in Bollinger County, 
Missouri on September 27, 1891. He was a leading figure in the 
legal profession for his accomplishments not just in Missouri 
and the United States, but around the world. At the time of his 
death, at the age of 104, he was still practicing law after 
nearly eight decades. He was the nation's oldest practicing 
attorney. He argued over 60 cases before the Missouri Supreme 
Court. He tried cases before the Interstate Commerce 
Commission, the U.S. Labor Board and the Internal Revenue 
Appellate Division.
    He was also active in other areas of civic life. He was 
elected to the Missouri State Legislature from 1931 to 1932, 
where he pressed for the formation of the Missouri State 
Highway Patrol and the consolidation of school districts. He 
served as President of the State Historical Society of Missouri 
from 1956 to 1959. He was also a Sunday school teacher, and a 
member of many local civic organizations including the Boy 
Scouts of America, Centenary United Methodist Church, and the 
Salvation Army.

  To Designate the United States Courthouse at South Federal Place in 
    Santa Fe, New Mexico, as the ``Santiago E. Campos United States 
                              Courthouse''


                           Public Law 110-14


                               (H.R. 544)


                             March 21, 2007

    This law designates the United States courthouse at South 
Federal Place in Santa Fe, New Mexico, as the ``Santiago E. 
Campos United States Courthouse''.
    Santiago E. Campos (1926-2002) was born December 25, 1926, 
in Santa Rosa, New Mexico. He served in the United States Navy 
as a Seaman 1st Class from 1944 to 1946. After leaving the 
Navy, Judge Campos attended the Central College in Fayette, 
Missouri, and received his law degree from the University of 
New Mexico in 1953, graduating first in his class. From 1954 
until 1957, he worked as an Assistant Attorney General and 
subsequently as First Assistant Attorney General for the State 
of New Mexico. In 1971, after 14 years in private practice, 
Judge Campos was elected District Judge for the 1st Judicial 
District of New Mexico, and served in that capacity until 1978. 
In 1978, President Carter appointed Judge Campos to the federal 
bench. Judge Campos was the first Hispanic to serve as a 
Federal Judge in the District Court of New Mexico, as well as 
being the first Hispanic to serve as its Chief Judge. He held 
the title of Chief U.S. District Judge from February 5, 1987, 
to December 31, 1989, and became a Senior Judge on December 26, 
1992. Judge Campos died on January 20, 2002, after suffering a 
long bout with cancer.
    During his career, Judge Campos was named an honorary 
member of the Order of the Coif. He also received the 
Distinguished Achievement Award of the State Bar of New Mexico 
in 1993, and, in the same year, the University of New Mexico 
honored him with a Distinguished Achievement Award.

   To Designate the Federal Building Located at 400 Maryland Avenue 
 Southwest in the District of Columbia as the ``Lyndon Baines Johnson 
                   Department of Education Building''


                           Public Law 110-15


                               (H.R. 584)


                             March 23, 2007

    This law designates the Federal Building located at 400 
Maryland Avenue, S.W., in Washington, DC, as the ``Lyndon 
Baines Johnson Department of Education Building''.
    Lyndon Baines Johnson was one of the leading figures of the 
20th Century. This ``Teacher who became President'' served his 
country in numerous, distinguished ways, including as Lt. 
Commander in the U.S. Navy during World War II, as a Member of 
both houses of Congress, as Vice President of the United 
States, and as the 36th President of the United States.
    In a special election in 1937, Johnson won the U.S. House 
of Representatives seat representing the 10th Congressional 
District of Texas, defeating nine other candidates. He was re-
elected to a full term in the 76th Congress and to each 
succeeding Congress until 1948.
    After the bombing of Pearl Harbor on December 7, 1941, 
Johnson became the first Member of Congress to volunteer for 
active duty in the armed forces (U.S. Navy), reporting for 
active duty on December 9, 1941. Johnson received the Silver 
Star from General Douglas MacArthur for gallantry in action 
during an aerial combat mission over hostile positions in New 
Guinea on June 9, 1942. President Roosevelt ordered all Members 
of Congress in the armed forces to return to their offices, and 
Johnson was released from active duty on July 16, 1942.
    In 1948, after a campaign in which he traveled by 
``newfangled'' helicopter all over the state, Johnson won the 
primary by 87 votes and earned the nickname ``Landslide 
Lyndon'', and in the general election was elected to the U. S. 
Senate. He was elected Minority Leader of the Senate in 1953 
and Majority Leader in 1955. He served in the U.S. Senate until 
he resigned to become Vice President in January 1961.
    Lyndon Johnson became the 36th President of the United 
States on November 22, 1963, after the assassination of 
President John F. Kennedy.
    In 1964, Johnson signed the Library Services Act (P.L. 88-
269) to make high quality public libraries more accessible to 
both urban and rural residents. The funds made available under 
this Act were used to construct as well as operate libraries, 
and to extend this program to cities as well as rural areas. 
Later that year, President Johnson signed the Civil Rights Act 
(P.L. 88-352), which among its landmark provisions authorized 
federal authorities to sue for the desegregation of schools and 
to withhold federal funds from education institutions that 
practiced segregation.
    During his administration, education was one of the many 
areas where President Johnson blazed new ground. He pursued 
numerous education initiatives, and signed many landmark 
education bills into law. He also launched the highly 
successful Head Start program in 1965. After leaving office, 
Lyndon Johnson continued his involvement in education and 
taught students while he wrote his memoirs and pursued other 
academic endeavors.

To Redesignate the Federal Building Located at 167 North Main Street in 
 Memphis, Tennessee, as the ``Clifford Davis And Odell Horton Federal 
                               Building''


                           Public Law 110-20


                               (H.R. 753)


                              May 2, 2007

    This law redesignates the Federal building located at 167 
North Main Street in Memphis, Tennessee, as the ``Clifford 
Davis and Odell Horton Federal Building''.
    Odell Horton was appointed to the United States District 
Court for the Western District of Tennessee by President Jimmy 
Carter on May 12, 1980. He was the first African-American U.S. 
District Court Judge appointed in Tennessee since 
Reconstruction.
    Born on May 13, 1929, in Boliver, Tennessee, Horton grew up 
during the Depression and World War II in an environment he 
described as ``typically rural Southern and typically 
segregated, with all the attendant consequences of that.'' 
Horton enlisted in the Marine Corps and served two tours. He 
received his law degree from Howard University in 1956 and 
moved to Memphis, Tennessee, where he started a private law 
practice.
    In 1962, Horton became Assistant United States Attorney in 
Memphis. He remained in that position until his appointment to 
the Shelby County Criminal Court by Governor Buford Ellington. 
In 1968, Judge Horton ordered the desegregation of Bowld 
Hospital. A year later, he received the L.M. Graves Memorial 
Health Award for his efforts to advance the cause of health 
care in Memphis. Judge Horton stepped down from his federal 
judgeship to serve as President of LeMoyne-Owen College, a 
predominately African-American liberal arts college.
    After serving four years as President of LeMoyne-Owen 
College, Judge Horton ran unsuccessfully for the Office of 
Shelby County District Attorney General. He returned to federal 
service upon his appointment as reporter for the Speedy Trial 
Act Implementation Committee by the Western District Court of 
Tennessee. He later served as a U.S. Bankruptcy Judge from 1976 
to 1980. Judge Horton also served as Chief Judge for the 
Western District of Tennessee from January 1, 1987, until 
December 31, 1993. On May 16, 1995, he took senior status and 
retired two years later.
    Judge Horton was a member of the American Bar Association 
and Chair of the National Conference of Federal Trial Judges. 
He also served as a member of the Judicial Conference Committee 
on Defender Services. Morehouse College honored him with an 
Honorary Degree of Doctor of Laws. In 2000, the Memphis Bar 
Association awarded Judge Horton with a Public Service Award.

  To Designate the Federal Building and United States Courthouse and 
 Customhouse Located at 515 West First Street in Duluth, Minnesota, as 
 the ``Gerald W. Heaney Federal Building and United States Courthouse 
                           and Customhouse''


                           Public Law 110-25


                           (S. 521/H.R. 187)


                              May 8, 2007

    This law designates the Federal building and United States 
courthouse and customhouse located at 515 West First Street in 
Duluth, Minnesota, as the ``Gerald W. Heaney Federal Building 
and United States Courthouse and Customhouse''.
    Gerry Heaney is a decorated World War II veteran. He was a 
member of the distinguished Army Ranger Battalion and 
participated in the historic D-Day landing at Normandy. He was 
awarded the Silver Star for extraordinary bravery in the battle 
of La Pointe du Hoc in Normandy, France. He also received a 
Bronze Star and five battle stars.
    At the end of the war, Judge Heaney returned home and 
entered private practice in Duluth. During that time he was 
instrumental in improving the state education system, and 
served on the Board of Regents of the University of Minnesota. 
He was instrumental in helping the Duluth school system develop 
a payroll system that equalized the pay for both men and women.
    Judge Heaney was appointed Judge of the United States Court 
of Appeals for the 8th Circuit on November 3, 1966, by 
President Lyndon B. Johnson. After 40 years of distinguished 
judicial service, Judge Heaney retired on August 31, 2006.

To Designate a United States Courthouse Located in Fresno, California, 
          as the ``Robert E. Coyle United States Courthouse''


                           Public Law 110-46


                                (S. 801)


                              July 5, 2007

    This law designates a United States courthouse located in 
Fresno, California, as the ``Robert E. Coyle United States 
Courthouse''.
    From 1956 until 1958, Judge Coyle was Deputy District 
Attorney for Fresno County. From 1958 until 1982, he was a 
lawyer in a private practice. He was appointed to the Federal 
bench in 1982, and served as the Chief Judge for the Eastern 
District of California from 1990 to 1996. In 2006, he retired 
as a Senior Judge.
    Judge Coyle is a dedicated jurist and active in many 
professional organizations, including the Fresno County Legal 
Services, President of the Fresno Bar Association, Vice 
President of the California State Bar Association, and a 
faculty member at the Hastings College of Law. Judge Coyle has 
a particular connection to the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management through 
his work with the courts on development of the Design Guide for 
construction of U.S. courthouses.

 To Designate the United States Courthouse Located at 301 North Miami 
    Avenue, Miami, Florida, as the ``C. Clyde Atkins United States 
                              Courthouse''


                           Public Law 110-146


                              (H.R. 2671)


                           December 21, 2007

    This law designates the United States courthouse located at 
301 North Miami Avenue, Miami, Florida, as the ``C. Clyde 
Atkins United States Courthouse''.
    Judge C. Clyde Atkins was born on November 23, 1914, in 
Washington, DC. In 1921, he moved to Miami, Florida, with his 
family. Judge Atkins attended Miami High School, and graduated 
from the University of Florida College of Law in 1936. He 
practiced law in private practice for more than 25 years, and 
was a partner in the law firm of Walton, Lantaff, Shroeder, 
Atkins, Carson and Wahl from 1941 to 1966. In 1966, President 
Lyndon B. Johnson nominated and the Senate confirmed Judge 
Atkins to serve as a U.S. District Court Judge for the Southern 
District of Florida. He served as Chief Judge from 1977 to 1982 
and assumed senior status on December 31, 1982. Judge Atkins 
continued to serve until his death in 1999.
    In addition to his time as a jurist, Judge Atkins also held 
several positions in the legal community and community at 
large. He served as President of the Dade County Bar 
Association and the Florida Bar Association. He was also a 
trustee at Biscayne College (now St. Thomas University) and 
Mercy Hospital. Judge Atkins was also very active in the 
Catholic Church, and he was named a knight of St. Gregory by 
Pope Paul VI.
    Judge Atkins had a strong reputation as a principled and 
fair jurist. He was respected because of his application of the 
law without respect to race, creed, religion, or national 
origin.

 To Designate the Federal Building Located at 210 Walnut Street in Des 
          Moines, Iowa, as the ``Neal Smith Federal Building''


                           Public Law 110-158


                              (H.R. 1045)


                           December 26, 2007

    This law designates the Federal building located at 210 
Walnut Street in Des Moines, Iowa, as the ``Neal Smith Federal 
Building''.
    Neal Smith was born on March 23, 1920, in his grandparents' 
home near Hedrick, Keokuk County, Iowa. He served in the United 
States House of Representatives from 1959 until 1995, the 
longest serving Member of the House of Representatives from 
Iowa. Congressman Smith is a World War II veteran, having 
served in the United States Army Air Force as a bomber pilot. 
His plane was shot down during combat and he received a Purple 
Heart, nine Battle Stars, and the Air Medal with four oak leaf 
clusters.
    Neal Smith is one of Iowa's most respected and 
distinguished elected officials. His interests, while in 
Congress, were varied but he especially focused on agriculture, 
small business, and the environment. He became a champion for 
those issue areas and authored legislation establishing the 
Commodity Futures Trading Commission, the Federal Meat, Poultry 
and Egg Inspection Acts, and Small Business Development 
Centers.

To Designate the Federal Building and United States Courthouse Located 
at 100 East 8th Avenue in Pine Bluff, Arkansas, as the ``George Howard, 
          Jr. Federal Building and United States Courthouse''


                           Public Law 110-159


                              (H.R. 2011)


                           December 26, 2007

    This law designates the Federal building and United States 
courthouse located at 100 East 8th Avenue in Pine Bluff, 
Arkansas, as the ``George Howard, Jr. Federal Building and 
United States Courthouse''.
    Judge George Howard, Jr. was born in Pine Bluff, Arkansas, 
on May 13, 1924. He began his service to our nation at the age 
of 18 when he was drafted into military service during World 
War II. Judge Howard served with distinction in the United 
States Navy with the Construction Battalion or the 
``Seabees''--in the South Pacific.
    He earned his law degree in 1954 from the University of 
Arkansas School of Law. He was the first African American 
student to live on campus in the newly desegregated campus 
dormitories. After graduating from law school, Judge Howard 
began a long, illustrious, and trailblazing legal career in his 
home state of Arkansas. In the 1950s, Judge Howard started a 
private law practice. He subsequently served on the Arkansas 
State Claims Commission, the Arkansas Court of Appeals, and the 
Arkansas Supreme Court. In 1980, President Carter appointed 
Judge Howard to the U.S. District Court, Eastern and Western 
Districts of Arkansas. Judge Howard was Arkansas' first African 
American Federal judge.
    During Judge Howard's career, he received several awards 
and distinctions from the legal community. Through his pursuit 
of legal and racial equality, and his exemplary career in 
public service, Judge Howard helped to pave the way for other 
African-Americans to pursue careers in law and public service.

  To Designate the United States Bankruptcy Courthouse Located at 271 
Cadman Plaza East in Brooklyn, New York, as the ``Conrad B. Duberstein 
                 United States Bankruptcy Courthouse''


                           Public Law 110-262


                               (H.R. 430)


                             July 15, 2007

    This law designates the United States bankruptcy courthouse 
located at 271 Cadman Plaza East in Brooklyn, New York, as the 
``Conrad B. Duberstein United States Bankruptcy Courthouse''.
    Conrad B. Duberstein was born in the Bronx on October 22, 
1915. He earned his undergraduate degree from Brooklyn College 
in 1938 and his law degree from St. John's University Law 
School in 1942. From 1943 to 1945, Duberstein served in the 
United States Army, where he was awarded the Purple Heart, the 
Bronze Star, and the Combat Infantry Badge.
    Judge Duberstein practiced law in Brooklyn at Schwartz, 
Rudin & Duberstein. In 1971, he joined the firm of Otterbourg, 
Steindler, Houston & Rosen as a partner, where he remained 
until his retirement in 1981. That same year, Judge Duberstein 
joined the Eastern District Bankruptcy Court and was appointed 
Chief Judge in 1984, a position he held until his death. Judge 
Duberstein was awarded an honorary doctorate of laws from St. 
John's University Law School in 1991 and served as a former 
Judge Advocate General of the Military Order of the Purple 
Heart for the State of New York.
    In 1992, the Brooklyn Bar Association presented him with 
its Annual Award for Outstanding Achievement in the Science of 
Jurisprudence and Public Service. Judge Duberstein died at his 
home on November 18, 2005, at the age of 90.

To Designate the Station of the United States Border Patrol Located at 
  25762 Madison Avenue in Murrieta, California, as the ``Theodore L. 
        Newton, Jr. and George F. Azrak Border Patrol Station''


                           Public Law 110-264


                              (H.R. 2728)


                             July 15, 2008

    This law designates the station of the United States Border 
Patrol located at 25762 Madison Avenue in Murrieta, California, 
as the ``Theodore L. Newton, Jr. and George F. Azrak Border 
Patrol Station''.
    On June, 17, 1967, Patrol Inspectors Theodore L. Newton, 
Jr. and George F. Azrak were killed in the line of duty while 
working an all-night shift at a remote border patrol checkpoint 
near Oak Grove, California. On that night, the two officers 
were conducting a traffic check operation when they stopped a 
van carrying over 800 pounds of marijuana. While checking the 
vehicle, the officers were ambushed and abducted by four drug 
smugglers and taken to a mountain cabin where they were shot 
and killed.
    Inspector Theodore Newton, Jr. began his service with the 
Department of Immigration and Naturalization Services (``INS'') 
in 1966, as a Patrol Inspector. He served in that capacity for 
over one year before his death in 1967. He is survived by his 
wife, son, and daughter.
    Inspector George F. Azrak joined the INS in May of 1967 and 
was about to begin training in the Academy for Border Patrol 
agents when he was killed in the line of duty. He is survived 
by his wife and two children.
    The United States Border Patrol has created the Newton-
Azrak Medal of Heroism in honor of Inspectors Newton and 
Azrak's brave service and sacrifice. The medal is given 
annually to a Border Patrol Officer who exercises unusual 
courage or bravery in the line of duty and/or performs a heroic 
or humane act during times of extreme stress or in an 
emergency. The Newton-Azrak Medal is the Border Patrol's 
highest award for bravery.

    To Designate the Port Angeles Federal Building in Port Angeles, 
      Washington, as the ``Richard B. Anderson Federal Building''


                           Public Law 110-266


                              (H.R. 4140)


                             July 15, 2008

    This law designates the Port Angeles Federal Building in 
Port Angeles, Washington, as the ``Richard B. Anderson Federal 
Building''.
    Private First Class (``PFC'') Richard B. Anderson was born 
on June 26, 1921, in Tacoma, Washington. Anderson joined the 
United States Marine Corps in 1942. He was promoted to the rank 
of Private First Class on April 12, 1943 and assigned to the 
East Company, 2nd Battalion, of the 23rd Marines. PFC 
Anderson's unit was deployed to the Marshall Islands in January 
1944. On February 1, 1944, his company was part of an invasion 
force fighting to take control of Rio Island from the Japanese. 
During the assault, Anderson and three other Marines jumped 
into a shell crater to escape enemy fire. As Anderson prepared 
to throw a grenade from inside the crater, the grenade slipped 
from his hands and began to roll toward the other three Marines 
in the crater. In an act of selfless heroism, Anderson lunged 
on top of the live grenade and absorbed the full impact of the 
blast, saving the lives of his fellow soldiers. Anderson was 
evacuated to the U.S.S. Callaway but died from his wounds 
shortly thereafter.
    PFC Anderson was posthumously awarded the Purple Heart and 
the Medal of Honor, which is the nation's highest military 
decoration, for his acts of bravery and service to his country. 
On October 26, 1945, in honor of PFC Anderson, the United 
States Navy commissioned a DD-786 destroyer battleship as the 
``U.S.S. Richard B. Anderson''. The ship began active service 
in January 1947, and was used in combat for the Vietnam and 
Korean Wars. The ship remained in active service until December 
20, 1975.

   To Designate the United States Customhouse Building Located at 31 
  Gonzalez Clemente Avenue in Mayaguez, Puerto Rico, as the ``Rafael 
          Martinez Nadal United States Customhouse Building''


                           Public Law 110-276


                              (H.R. 1019)


                             July 15, 2008

    This law designates the United States customhouse building 
located at 31 Gonzalez Clemente Avenue in Mayaguez, Puerto 
Rico, as the ``Rafael Martinez Nadal United States Customhouse 
Building''.
    Although Don Rafael Martinez Nadal was born in the city of 
Mayaguez on April 22, 1877, he received his college degree in 
Philosophy and Letters in the Provincial Institute of Secondary 
Education in San Juan. At the age of 16, he went to Barcelona, 
Spain, to study law. A short time after beginning his legal 
coursework, he moved to Paris in search of additional 
coursework.
    On August 13, 1904, he returned to Mayaguez and began 
studying agriculture, particularly coffee growing. 
Simultaneously, he began his first successful attempts in the 
media and politics with the Puerto Rican Republican Party. In 
1908, he founded the political newspaper El Combate. He 
obtained his law degree in 1912 and became one of the most 
prominent men of the Puerto Rican political arena. He was 
considered one of the most famous criminal lawyers of the time.
    In 1914, he was elected as a member of the Chamber of 
Delegates for the city of Ponce by the Puerto Rican Republican 
Party. In 1920 he was chosen by the same party to serve in the 
Senate and was reelected in the next five general elections. 
When the alliance of the Union of Puerto Rico Party and the 
Puerto Rican Republican Party formed in 1924, Martinez Nadal 
left the Republican Party and initiated a political movement 
called the Pure Republican Party, which registered officially 
as the Historical Constitutional Party. Later he founded the 
Republican Union, working to advance the ideal of statehood for 
Puerto Rico. In coalition with the Socialist Party, the 
Republican Union triumphed in the general elections of 1932 and 
1936. In both terms, Martinez Nadal presided over the Senate. 
He died on July 6, 1941.
    His literary and journalistic papers are compiled in the 
book Tempraneras. He also published the novels La hoguera and 
Cuando el amor muere.

 To Designate the United States Courthouse Located at 1716 Spielbusch 
Avenue in Toledo, Ohio, as the ``James M. Ashley and Thomas W.L. Ashley 
                       United States Courthouse''


                           Public Law 110-284


                              (H.R. 3712)


                             July 23, 2008

    This law designates the United States courthouse located at 
1716 Spielbusch Avenue in Toledo, Ohio, as the ``James M. 
Ashley and Thomas W.L. Ashley United States Courthouse''.
    James Monroe Ashley (1824-1896) was born in Pittsburgh, 
Pennsylvania, and moved to Portsmouth, Ohio, with his family at 
the age of four. He helped organize the Ohio Republican party. 
He had a distinguished career in public service which included 
five terms as a Representative from Ohio and later as Governor 
of Montana. Representative Ashley was the first Member of 
Congress to call for an amendment to the United States 
Constitution that would outlaw slavery.
    After serving in Congress, Governor Ashley became the 
governor of the Montana Territory and served until 1870. He 
then moved into the private sector, where he was instrumental 
in building the Toledo, Ann Arbor, & North Michigan Railroad.
    Thomas William Ludlow Ashley is the great grandson of 
former Governor James M. Ashley. Born in 1923, Representative 
Thomas Ashley served in the United States Army during the 
Second World War. He went on to graduate from Yale University 
in 1948 and from Ohio State University Law School in 1951. He 
served 13 terms in Congress. During his time in Congress, 
Representative Ashley served as Chairman of the Select 
Committee on Energy, Chairman of the Committee on Merchant 
Marine and Fisheries, and Assistant Majority Whip. In 1977, 
Speaker Thomas P. ``Tip'' O'Neill established a Select 
Committee on Energy and appointed Representative Ashley to 
chair the Committee.

To Designate the Federal Building and United States Courthouse Located 
at 300 Quarropas Street in White Plains, New York, as the ``Charles L. 
     Brieant, Jr., Federal Building and United States Courthouse''


                           Public Law 110-311


                              (H.R. 6340)


                            August 12, 2008

    This law designates the Federal building and United States 
courthouse located at 300 Quarropas Street in White Plains, New 
York, as the ``Charles L. Brieant, Jr., Federal Building and 
United States Courthouse''.
    Judge Charles Brieant, Jr. was born in 1923 in Ossining, 
New York. He graduated from Columbia University and Columbia 
Law School.
    He began his public service practicing in White Plains, New 
York, while serving as Water Commissioner for the town of 
Ossining, New York. Judge Brieant was elected Ossining Town 
Justice in 1952 before serving as Village Attorney for 
Briarcliff Manor, New York. From 1960 through 1963, he served 
as Town Supervisor for Ossining. He also served in the New York 
legislature in 1970 and 1971. In 1971, President Richard M. 
Nixon nominated Judge Brieant to serve on the District Court 
for the Southern District of New York. He served as Chief Judge 
for the Southern District of New York from 1986 to 1993. Last 
year, Judge Brieant took senior status.
    During his distinguished career, Judge Brieant received 
many awards and honors including the Servant of Justice Award 
from the Guild of St. Ives in 1998 and the Edward Weinfeld 
Award for Distinguished Contributions to the Administration of 
Justice in 2006.

 To Designate the United States Courthouse Located at 225 Cadman Plaza 
  East, Brooklyn, New York, as the ``Theodore Roosevelt United States 
                              Courthouse''


                           Public Law 110-319


                               (S. 2837)


                           September 17, 2008

    This law designates the United States Courthouse located at 
225 Cadman Plaza East, Brooklyn, New York, as the ``Theodore 
Roosevelt United States Courthouse''.
    Theodore Roosevelt was born in New York, New York, on 
October 27, 1858. In 1880, he graduated magna cum laude from 
Harvard College. After graduating from Harvard, he briefly 
studied at Columbia Law School before being elected to the New 
York State Assembly in 1882, at the age of 23. He served in the 
Assembly for two years, before President Benjamin Harrison 
appointed him as a member of the United States Civil Service 
Commission. In 1895, he resigned from the Commission and became 
President of the New York Board of Police Commissioners. In 
1897, President William McKinley appointed him Assistant 
Secretary of the Navy, where he served for a little more than a 
year. At the beginning of the Spanish-American War, he left his 
post as Assistant Secretary to raise a volunteer cavalry 
regiment for the United States Army. During the Spanish 
American War, Roosevelt served as Colonel of his regiment, 
known as ``Roosevelt's Rough Riders''.
    In 1898, Roosevelt was elected as the Governor of New York 
but left office after two years to run for Vice President of 
the United States, on a ticket headed by William McKinley. 
President McKinley won the election of 1900 but was 
assassinated on September 6, 1901. On September 14, 1901, at 
the age of 42, Roosevelt took the oath of office and became the 
26th President of the United States. At that time, he was the 
youngest person to ever hold the Presidency.
    President Roosevelt was elected to a second term in 1904. 
During his two terms in office, President Roosevelt's list of 
achievements include facilitating and ensuring the construction 
of the Panama Canal, establishing the Department of Commerce 
and the Department of Labor, signing the Elkins Anti-rebate Act 
for railroads, and greatly advancing environmental conservation 
efforts by providing Federal protection for close to 230 
million acres of land. He was also awarded the Nobel Peace 
Prize in 1906, for his work in ending the Russo-Japanese War.
    In 1919, at the age of 60, Roosevelt passed away in Oyster 
Bay, New York.

 To Designate the United States Courthouse Located in the 700 block of 
East Broad Street, Richmond, Virginia, as the ``Spottswood W. Robinson 
       III and Robert R. Merhige, Jr., United States Courthouse''


                           Public Law 110-320


                               (S. 2403)


                           September 18, 2008

    This law designates the United States Courthouse located at 
the 700 block of East Broad Street, Richmond, Virginia, as the 
``Spottswood W. Robinson III and Robert R. Merhige, Jr., United 
States Courthouse''.
    Spottswood William Robinson III was born in Richmond. 
Robinson attended public schools in Richmond, which were 
segregated at the time, and graduated from Armstrong High 
School in 1932. Following high school, he studied at Virginia 
Union University from 1932 until 1934 and from 1935 until 1936. 
Judge Robinson entered Howard University School of Law in 
Washington, D.C., before completing his bachelor's degree, and 
graduated magna cum laude in 1939.
    After his graduation, Judge Robinson became a professor at 
the Howard University School of Law, where he taught for eight 
years. He emerged as a prominent civil rights attorney. In 
1951, Judge Robinson was appointed southeast regional counsel 
for the National Association for the Advancement of Colored 
People (``NAACP''). Shortly after joining the NAACP, Robinson 
represented an African-American student in Virginia's Prince 
Edward County. The lawsuit was eventually combined with the 
Brown v. Board of Education case, which the U.S. Supreme Court 
agreed to hear in 1954.
    In 1961, President John F. Kennedy appointed Judge Robinson 
to the U.S. Commission on Civil Rights, a six-member bipartisan 
commission charged with studying civil rights violations in the 
United States. Judge Robinson was confirmed by the Senate by a 
vote of 73 to 17. In 1964, President Lyndon B. Johnson 
appointed Judge Robinson to the U.S. District Court for the 
District of Columbia and two years later, he became the first 
African American to serve on the U.S. Court of Appeals for the 
D.C. Circuit. Judge Robinson served as Chief Judge of the U.S. 
Court of Appeals from 1981 to 1986, and served on the Court 
until his retirement in 1992.
    On October 11, 1998, Judge Robinson passed away in 
Richmond, Virginia.
    Robert R. Merhige, Jr. was born in Brooklyn, New York, on 
February 5, 1919. Judge Merhige received his law degree from 
University of Richmond's T.C. Williams School of Law in 1942. 
Upon graduation, he enlisted in the United States Army Air 
Corps, where he served as a crewman aboard a B-17 bomber based 
in Italy.
    He would become one of the most formidable lawyers in 
Virginia. In 1967, President Lyndon B. Johnson appointed Judge 
Merhige to the District Court. Two weeks into his service on 
the court, Judge Merhige drew the first of many high-profile 
cases that became the hallmark of his career. He ordered the 
release of black activist H. Rap Brown, who was imprisoned in 
Virginia after making an impassioned and militant speech in 
Maryland.
    Judge Merhige was involved in many high-profile cases 
during his 31-year tenure on the Federal bench. He wrote the 
decision for a three-judge panel that threw out the appeals of 
Watergate figures G. Gordon Liddy, Bernard Barker, and Eugenio 
Martinez. In 1970, he ordered the University of Virginia to 
admit women. He clarified the rights of pregnant women to keep 
their jobs. In 1979, he presided over the trials of Ku Klux 
Klan and American Nazi Party members accused of injuring and 
killing members of the Communist Workers Party. He also ordered 
the integration of dozens of Virginia schools.
    On February 18, 2005, Judge Merhige passed away.

    To Designate the Federal Bureau of Investigation Building Under 
Construction in Omaha, Nebraska, as the ``J. James Exon Federal Bureau 
                      of Investigation Building''


                           Public Law 110-334


                               (S. 3009)


                            October 1, 2008

    This law designates the Federal Bureau of Investigation 
Building under construction in Omaha, Nebraska, as the ``J. 
James Exon Federal Bureau of Investigation Building''.
    J. James Exon was born on August 9, 1921, in Geddes, South 
Dakota. After graduating from the University of Omaha, he 
joined the United States Army Signal Corps, serving two years 
overseas in New Guinea, the Philippines, and Japan. He was 
honorably discharged as a Master Sergeant in December of 1945, 
and served in the Army Reserve until 1949. In 1954, Exon 
founded Exon's Incorporated, which became one of Nebraska's 
best-known office equipment companies.
    J. James Exon's political career began as a member of the 
Nebraska Democratic State Central Committee. He was also a 
member of the Democratic National Committee and went on to 
Chair the Nebraska Democratic Party from 1968 to 1970. He then 
served two terms as Governor of Nebraska prior to being elected 
to the U.S. Senate in 1978. He served three terms in the United 
States Senate before retiring in 1996. Following his retirement 
from the Senate, Senator Exon served on the Deutch Commission, 
which was created by Congress to study the threat of weapons of 
mass destruction.
    Outside of public life, Senator Exon was an active member 
of the Holy Trinity Episcopal Church in Lincoln, Nebraska. On 
June 10, 2005, Senator Exon passed away. He is survived by his 
wife, three children, and eight grandchildren.

                          Highways and Transit


         Over-the-Road Transportation Accessibility Act of 2007


                           Public Law 110-291


                              (H.R. 3985)


                             July 30, 2008

    This law strengthens the ability of the Federal Motor 
Carrier Safety Administration (``FMCSA'') to monitor and 
enforce compliance with the Department of Transportation's 
over-the-road bus accessibility regulations. Congress passed 
the Americans with Disabilities Act (``ADA'') in 1990 to expand 
and enhance opportunities for individuals with disabilities. 
Among its provisions, the ADA required the Department of 
Transportation (``DOT'') to promulgate regulations to ensure 
the accessibility of public transportation, passenger rail, and 
motorcoach transportation. These regulations have not been 
enforced by FMCSA with respect to motorcoaches, however, 
because the agency interprets the motor carrier registration 
statute in a way that limits the agency's authority to enforce 
accessibility regulations promulgated by DOT.
    This law requires, as a registration condition for motor 
carriers of passengers, that a carrier be willing and able to 
comply with specified accessibility requirements for 
transportation provided by an over-the-road bus (characterized 
by an elevated passenger deck located over a baggage 
compartment). This legislation also directs the Secretary of 
Transportation and the Attorney General to enter into a 
memorandum of understanding to delineate the specific roles and 
responsibilities of the Department of Transportation and the 
Department of Justice, respectively, in enforcing carrier 
compliance with such requirements.

To Authorize Additional Funds for Emergency Repairs and Reconstruction 
 of the Interstate I-35 Bridge Located in Minneapolis, Minnesota, That 
 Collapsed on August 1, 2007, To Waive the $100,000,000 Limitation on 
Emergency Relief Funds for Those Emergency Repairs and Reconstruction, 
                         and for Other Purposes


                           Public Law 110-56


                              (H.R. 3311)


                             August 6, 2007

    This law authorizes additional funds for emergency repairs 
and reconstruction of the Interstate I-35 Bridge located in 
Minneapolis, Minnesota, that collapsed on August 1, 2007, to 
waive the $100,000,000 limitation on emergency relief funds for 
those emergency repairs and reconstruction, and for other 
purposes.

              SAFETEA-LU Technical Corrections Act of 2008


                           Public Law 110-244


                              (H.R. 1195)


                              June 6, 2008

    This law amends the Safe, Accountable, Flexible Efficient 
Transportation Equity Act: A Legacy for Users (``SAFETEA-LU'') 
to make technical corrections to the Act. This law makes 
technical corrections to SAFETEA-LU and clarifies Congressional 
intent in a number of programs and Member-designated projects. 
This law corrects the oversubscription of funds in the research 
title of SAFETEA-LU, provides intended contract authority for 
the Maglev program, and clarifies the States' ability to use 
ignition interlocks for repeat impaired driving offenders.

 To Repeal a Prohibition on the Use of Certain Funds for Tunneling in 
 Certain Areas With Respect to the Los Angeles to San Fernando Valley 
                     Metro Rail Project, California


          Public Law 110-161, Division K, Title I, Section 169


                               (H.R. 238)


                     (incorporated into H.R. 2764)


                           December 26, 2007

    Section 169 of Division K, Title I, of the Consolidated 
Appropriations Act, 2008 (P.L. 110-161) repeals a decades-old 
prohibition on the use of Federal transit funds associated with 
the Los Angeles to San Fernando Valley Metro Rail project for 
tunneling in areas that had been identified as methane risk 
zones.

  To Designate a Portion of California State Route 91 Located in Los 
    Angeles County, California, as the ``Juanita Millender-McDonald 
                               Highway''


                           Public Law 110-441


                              (H.R. 4131)


                            October 21, 2008

    This law designates a portion of California State Route 91 
located in Los Angeles County, California, as the ``Juanita 
Millender-McDonald Highway''. Representative Millender-McDonald 
was a Member of the Committee on Transportation and 
Infrastructure.

 To Designate a Portion of United States Route 20A, Located in Orchard 
         Park, New York, as the ``Timothy J. Russert Highway''


                           Public Law 110-282


                               (S. 3145)


                             July 23, 2008

    This law designates a portion of United States Route 20A, 
located in Orchard Park, New York, as the ``Timothy J. Russert 
Highway''. This bill was introduced following the untimely 
death of the host of Meet the Press, and honors his legacy in 
his hometown of Buffalo, New York.

 To Designate a Portion of Interstate Route 395 Located in Baltimore, 
                    Maryland, as ``Cal Ripken Way''


                           Public Law 110-88


                              (H.R. 3218)


                           September 28, 2007

    This law designates a portion of Interstate Route 395 
located in Baltimore, Maryland, as ``Cal Ripken Way''.

             Railroads, Pipelines, and Hazardous Materials


                  Rail Safety Improvement Act of 2008


                     Public Law 110-432, Division A


                              (H.R. 2095)


                            October 16, 2008

    The Rail Safety Improvement Act of 2008 (P.L. 110-432, 
Division A) reauthorizes the Federal Railroad Administration 
(``FRA'') and provides a total of $1.625 billion for our 
nation's rail safety program for fiscal years 2009 through 
2013. The authorization of the rail safety program expired a 
decade ago, in 1998.
    The law clarifies that the mission of the FRA is to ensure 
that safety is the highest priority; creates a new position of 
Chief Safety Officer; requires the Secretary of Transportation 
to develop a long-term strategy for improving rail safety, 
which must include an annual plan and schedule for, among other 
things, reducing the number and rates of accidents, injuries, 
and fatalities involving railroads; and requires the Secretary 
to report annually on the Department's progress in implementing 
unmet statutory mandates and open safety recommendations by the 
Department of Transportation's Inspector General and the 
National Transportation Safety Board (``NTSB'').
    The legislation implements a number of long-standing NTSB 
safety recommendations by requiring all Class I railroads and 
intercity passenger and commuter railroads to install a 
positive train control (``PTC'') system by December 31, 2015, 
on all main-line track where intercity passenger railroads and 
commuter railroads operate and where toxic-by-inhalation 
hazardous materials are transported; reforming hours-of-service 
standards to provide train crews with more rest time; requiring 
Class I railroads to provide emergency escape breathing 
apparatus for all crewmembers on freight trains carrying 
hazardous materials; and strengthening track and grade crossing 
safety.
    The law also enhances railroad worker training; prohibits 
railroads from denying, delaying, or interfering with the 
medical treatment of injured workers; increases civil penalties 
for certain rail safety violations; enhances bridge and tunnel 
safety; establishes a program at the NTSB to assist victims and 
their families involved in a passenger rail accident, modeled 
after a similar aviation disaster program; and ensures that 
state governments are able to protect their citizens against 
environmental hazards, such as noxious fumes or leaks into 
groundwater, which could result from operation of a waste 
processing facility by a railroad.

         Passenger Rail Investment and Improvement Act of 2008


                     Public Law 110-432, Division B


                              (H.R. 2095)


                            October 16, 2008

    The Passenger Rail Investment and Improvement Act of 2008 
(P.L. 110-432, Division B) reauthorizes Amtrak and provides a 
total of $13.06 billion over five years to help bring the 
Northeast Corridor to a state-of-good-repair, and encourage the 
development of new and improved intercity passenger rail 
service through a Federal-State matching grant program. It also 
provides $1.5 billion for the planning and development of high-
speed rail corridors.
    Specifically, over five fiscal years, the law authorizes 
$5.315 billion for capital grants and $2.949 billion for 
operating grants to Amtrak. Past inconsistent Federal support 
has hampered Amtrak's ability to replace catenaries, passenger 
cars, bridges, ties, and other equipment necessary for Amtrak 
to provide service. These capital grants will help bring the 
Northeast Corridor to a state-of-good-repair, and allow Amtrak 
to procure new rolling stock, rehabilitate existing bridges, 
and make additional capital improvements on its entire network. 
In addition, the operating grants authorized under the bill 
will help Amtrak pay salaries, health costs, overtime pay, fuel 
costs, facilities, and train maintenance and operations. These 
operating grants will also ensure that Amtrak can meet its 
obligations under its recently negotiated labor contract.
    In an effort to encourage the development of new and 
improved intercity passenger rail services, the legislation 
creates a new State Capital Grant program for intercity 
passenger rail projects. The law provides $1.9 billion over 
five years for grants to States to pay for the capital costs of 
facilities and equipment necessary to provide new or improved 
intercity passenger rail. Out of these funds, $325 million is 
reserved for grants to States and to Amtrak for projects that 
increase capacity along certain rail lines in order to reduce 
congestion and facilitate ridership growth.
    The legislation also authorizes $1.5 billion over five 
years for grants to States and/or Amtrak to finance the 
construction and equipment for 11 authorized high-speed rail 
corridors. In addition, the Act requires the Secretary of 
Transportation to issue a request for proposals for projects 
for the financing, design, construction, and operation of ten 
Federally-designated high speed rail corridors and the 
Northeast Corridor. Proposals would need to meet certain 
financial, labor, and planning criteria, as well as a detailed 
description to account for any impacts on existing passenger, 
commuter, and freight rail traffic to be considered. If the 
Secretary receives a qualifying proposal, he is directed to 
form a Commission to study any proposals received. The 
Secretary would issue a report to Congress on the Commission's 
findings and his recommendations for each of the corridors. Any 
further action on a proposal would need legislative approval by 
Congress.
    Finally, the Act authorizes $1.5 billion for fiscal years 
2009 through 2019 for capital preventive maintenance grants for 
the Washington Metropolitan Area Transit Authority, and 
includes a number of measures to reform Amtrak's operations and 
Amtrak's financial and accounting procedures; improve Amtrak's 
on-time performance; reduce Amtrak's debt; and resolve disputes 
between commuter and freight railroads. The Act also extends 
the number of years a recipient of a Railroad Rehabilitation 
and Improvement Financing (``RRIF'') loan could have to repay 
the loan from 25 years to 35 years. These loans will help 
railroads, States, government-sponsored authorities, and 
shippers improve capacity. Funding from the RRIF program can 
also be used to develop intercity and high-speed rail systems 
and purchase and install positive train control systems.

                    Water Resources and Environment


                Water Resources Development Act of 2007


                           Public Law 110-114


                              (H.R. 1495)


                            November 9, 2007

    The Water Resources Development Act of 2007 (P.L. 110-114) 
(``WRDA 2007'') authorizes approximately $23 billion projects 
and studies for the U.S. Army Corps of Engineers within its 
existing missions of flood damage reduction, navigation, 
environmental restoration, water supply, hydropower, and 
environmental infrastructure. In particular, WRDA authorizes 51 
Reports of the Chief of Engineers, including eight projects for 
navigation, 16 projects for environmental restoration, eight 
projects for shore protection and hurricane and storm damage 
reduction, ten projects for flood control, and eight multi-
purpose projects.
    This law includes 138 projects under the Corps of Engineers 
continuing authorities programs. These programs are statutory 
authorities for small flood damage reduction, environmental 
restoration, navigation, shoreline stabilization, and projects 
for improvement of the environment. It authorizes approximately 
100 studies for the Corps of Engineers, covering the Corps' 
purposes of flood control, navigation, recreation, ecosystem 
restoration, and water supply.
    In addition, this law modifies approximately 160 existing 
projects of the Corps of Engineers to allow the Corps to meet 
the needs of the nation with respect to ongoing flood control, 
navigation, environmental restoration, and multipurpose 
projects.
    WRDA 2007 authorizes approximately 400 new projects for the 
Corps of Engineers, including projects for navigation, flood 
control, environmental restoration, recreation, and 
environmental infrastructure. It also authorizes and modifies 
three critical programs for the restoration of coastal 
Louisiana, the restoration of the Florida Everglades, and the 
restoration of the Upper Mississippi River and Illinois 
Waterway System.
    WRDA 2007 also includes important policy provisions that 
address concerns with the Corps' existing study, design, 
review, and mitigation processes. These provisions reflect 
changes that have been identified in the past several years and 
were highlighted by some of the problems discovered as a result 
of Hurricane Katrina.
    First, WRDA 2007 directs the Corps to undertake Independent 
Peer Review of the technical aspects of project planning when 
certain cost thresholds are met, a Governor of an affected 
state requests it, or if the Chief of Engineers determines that 
the project will be controversial. The Independent Peer Review 
provision creates an important tool to ensure that the best 
projects are designed and implemented.
    In addition, WRDA 2007 directs the Corps to update its 
primary guidance document, the Principles and Guidelines 
(``P&G''). With an updated P&G, the Corps will be able to 
better capture the needs of modern infrastructure projects 
including ecosystem needs along with important infrastructure.
    Finally, WRDA 2007 ensures that necessary infrastructure 
projects are not built at the expense of our natural 
environment but will include complete, timely, and appropriate 
mitigation for environmental impacts.
    H.R. 1495 passed the House of Representatives on April 19, 
2007, and became law on November 9, 2007, after a successful 
override of the President's veto.

             Great Lakes Legacy Reauthorization Act of 2008


                           Public Law 110-365


                              (H.R. 6460)


                            October 8, 2008

    The Great Lakes Legacy Reauthorization Act of 2008 (P.L. 
110-365) amends the Federal Water Pollution Control Act to 
reauthorize appropriations through fiscal year 2010 for 
projects aimed at the cleanup of contaminated sediment in the 
Great Lakes areas of concern.
    In addition, the law amends section 118(c) of the Federal 
Water Pollution Control Act to allow sediment remediation 
funding to be used to address aquatic habitat restoration, 
provided that this restoration activity is related to a project 
for the remediation of contaminated sediment. It also 
authorizes the Administrator of the Environmental Protection 
Agency to conduct the initial site assessments for potential 
remediation projects within the areas of concern at Federal 
expense.
    Finally, the law explicitly authorizes non-Federal sponsors 
to credit the value of certain in-kind contributions towards 
the non-Federal share of the cost of eligible sediment 
remediation projects, and reauthorizes appropriations for an 
existing research and development program for innovative 
sediment remediation technologies at current levels through 
2010.

                       Clean Boating Act of 2008


                           Public Law 110-288


                          (S. 2766/H.R. 5949)


                             July 29, 2008

    The Clean Boating Act of 2008 (P.L. 110-288) provides a 
targeted exemption under the Clean Water Act for discharges 
incidental to the normal operations of recreational vessels. It 
defines a recreational vessel as ``any vessel that is * * * 
manufactured or used primarily for pleasure, or * * * leased, 
rented, or chartered to a person for the pleasure of that 
person.'' The definition of recreational vessel specifically 
excludes a vessel ``subject to Coast Guard inspection that * * 
* is engaged in commercial use, or * * * carries paying 
passengers.''
    This law also directs the Administrator of the 
Environmental Protection Agency to develop ``reasonable and 
practicable'' management practices to mitigate the adverse 
impacts of discharges from a recreational vessel that are 
exempted by this Act. It also requires the Administrator, in 
consultation with the Secretary of the department in which the 
Coast Guard is operating, the Secretary of Commerce, and the 
heads of other interested Federal agencies to develop 
performance standards for management practices based on the 
class, type, and size of the vessel.

  To Clarify the Circumstances During Which the Administrator of the 
   Environmental Protection Agency and Applicable States may Require 
    Permits for Discharges From Certain Vessels, and To Require the 
Administrator To Conduct a Study of Discharges Incidental to the Normal 
                          Operation of Vessels


                           Public Law 110-299


                          (S. 3298/H.R. 6556)


                             July 31, 2008

    This law provides a two year moratorium from the permitting 
requirements of section 402 of the Clean Water Act for certain 
discharges incidental to the normal operation of vessels less 
than 79 feet in length and fishing vessels (as defined in 
section 2101 of title 46, United States Code) regardless of the 
length of the vessel. The law defines the types of discharges 
that shall not require a permit during the two-year period as: 
``any discharge of effluent from properly functioning marine 
engines,'' ``any discharge of laundry, shower, and galley sink 
wastes,'' or ``any other discharge incidental to the normal 
operation of a covered vessel.''
    The law also directs the Administrator of the Environmental 
Protection Agency, in consultation with the Secretary of the 
department in which the Coast Guard is operating and the heads 
of other interested Federal agencies, to conduct a study to 
evaluate the impacts of certain discharges incidental to the 
normal operation of a vessel. The law directs the Administrator 
to publicly release a draft report on the study for comment, 
and submit a final report on its findings to the authorizing 
Committees of the House and Senate within 15 months of the date 
of enactment.

To Redesignate Lock and Dam No. 5 of the McClellan-Kerr Arkansas River 
Navigation System Near Redfield, Arkansas, Authorized by the Rivers and 
Harbors Act Approved July 24, 1946, as the ``Colonel Charles D. Maynard 
                             Lock and Dam''


                           Public Law 110-263


                               (H.R. 781)


                             July 15, 2008

    This law redesignates Lock and Dam number five of the 
McClellan-Kerr Arkansas River Navigation System as the 
``Colonel Charles D. Maynard Lock and Dam''. Colonel Charles D. 
Maynard graduated from the United States Military Academy at 
West Point in 1941, after which he was commissioned in the 
Coast Artillery and later transferred to the Corps of 
Engineers. Colonel Maynard was the District Engineer of the 
Little Rock Engineer District, where he oversaw all aspects of 
the creation of the McClellan-Kerr Arkansas River Navigation 
System, which, at the time, was the largest civil works project 
ever undertaken by the Corps of Engineers.
    This law honors his life and achievements, and recognizes 
his important contributions to Civil Works.

  To Amend the Water Resources Development Act of 2007 To Clarify the 
  Authority of the Secretary of the Army To Provide Reimbursement for 
  Travel Expenses Incurred by Members of the Committee on Levee Safety


                           Public Law 110-274


                              (H.R. 6040)


                             July 15, 2008

    This law amends section 9003 of the Water Resources 
Development Act of 2007 to condition reimbursement for travel 
expenses incurred by members of the Committee on Levee Safety 
on the availability of appropriations.

     SUMMARY OF ACTIVITIES FOR THE COMMITTEE ON TRANSPORTATION AND 
                             INFRASTRUCTURE

    During the 110th Congress, the Committee on Transportation 
and Infrastructure, chaired by Representative James L. 
Oberstar, with Representative John L. Mica serving as Ranking 
Member, held 22 hearings (234 witnesses and approximately 150 
hours) covering the breadth of issues within the jurisdiction 
of the Committee.
    The legislative and oversight activities of the Committee 
are outlined in the subcommittee and oversight chapters of this 
report. However, the Committee enacted several bills and 
resolutions which involve the jurisdiction of more than one 
subcommittee. In addition, the Full Committee held 22 oversight 
hearings.
    The following bills and resolutions were enacted in the 
110th Congress:
          Public Law 110-53, the Implementing the 9/11 
        Commission Recommendations Act of 2007,
          Public Law 110-140, the Energy Independence and 
        Security Act of 2007,
          Public Law 110-234, the Food, Conservation, and 
        Energy Act of 2008,
          Public Law 110-325, the ADA Amendments Act of 2008,
          Public Law 110-181, the National Defense 
        Authorization Act for Fiscal Year 2008,
          Public Law 110-417, the Duncan Hunter National 
        Defense Authorization Act for Fiscal Year 2009,
          H. Res. 352, supporting the goals and ideals of 
        National Public Works Week,
          H. Res. 936, reaffirming the goals and ideals that 
        formed the impetus for Albert Gallatin's national plan 
        for transportation improvements 200 years ago, and for 
        other purposes, and
          H. Res. 1137, supporting the goals and ideals of 
        National Public Works Week.
    More than 80 other Committee bills and resolutions enacted 
in the 110th Congress are outlined in the subcommittee chapters 
of this report.

                   Public Laws and House Resolutions

      Implementing the 9/11 Commission Recommendations Act of 2007

                           Public Law 110-53

                                (H.R. 1)

                             August 3, 2007

    The Implementing Recommendations of the 9/11 Commission Act 
of 2007 (P.L. 110-53) fully implements the recommendations set 
forth in the 9/11 Commission Report. The Act addresses our 
nation's security vulnerabilities as well as enhances emergency 
management capabilities to prevent, prepare for, and respond to 
all hazards. This Act contains numerous provisions within the 
jurisdiction of the Committee on Transportation and 
Infrastructure.

                                AVIATION

Improving Passenger and Cargo Screening
    The 9/11 Commission recommended improvements to airline 
passenger pre-screening; better airline screening checkpoints 
to detect explosives; and enhancements to checked bag and cargo 
screening. Title XVI of the Act implements these 
recommendations by requiring the Department of Homeland 
Security (``DHS'') to: establish a system to screen 100 percent 
of cargo transported on passenger aircraft, within three years; 
provide grants for specified airport security improvement 
projects including in-line baggage screening deployment; issue 
a strategic plan, originally due in 2005, to deploy explosive 
detection equipment at airports to screen individuals and 
baggage, and begin full implementation of the strategic plan 
within one year; develop and implement a program to acquire, 
maintain, and replace blast-resistant cargo containers and make 
such containers available to air carriers by July 1, 2008, 
based on risk; and advance research and development for 
technology to prevent terrorist acts against civil aviation, 
including by establishing a grant program to fund pilot 
projects to deploy such technology.
    This Act also prohibits the Administrator of the Federal 
Aviation Administration from certifying any new foreign repair 
station if the Transportation Security Administration does not 
issue regulations within one year governing foreign repair 
station security. The regulations were required by prior law to 
be issued by August 2004.

                COAST GUARD AND MARITIME TRANSPORTATION

Ensuring 100 Percent Container Scanning
    Title XVII requires scanning of all containers, by 
nonintrusive imaging and radiation detection equipment, before 
such containers are loaded on a vessel in a foreign port, in 
order to be able to enter the United States. The deadline for 
implementation is July 1, 2012, but the Secretary of Homeland 
Security can extend the deadline in two-year increments. This 
provision requires full-scale implementation of a container 
scanning pilot program established by the SAFE Port Act of 
2006, which applied to three foreign seaports. This section 
also requires the Secretary of Homeland Security to issue an 
interim rule to establish minimum standards and procedures for 
securing containers in transit to the United States by April 1, 
2008. If the Secretary fails to meet that deadline, all 
containers in transit to the United States must meet existing 
international standards for sealing containers until a final 
rule is issued.

    ECONOMIC DEVELOPMENT, PUBLIC BUILDINGS, AND EMERGENCY MANAGEMENT

Increased Funding for Emergency Management Performance Grants
    States and local governments rely on the Emergency 
Management Performance Grant program (``EMPG'') to build their 
capability to prepare for, respond to, recover from, and 
mitigate all hazards. Prior to enactment of this Act, the EMPG 
program received only one tenth of the amount of funding 
allocated to terrorism preparedness programs, despite the 
ongoing need. Title II significantly boosts funding for the 
EMPG program, authorizing a total of nearly $3.4 billion for 
fiscal years 2008 through 2012, while directing the Federal 
Emergency Management Agency (``FEMA'') to continue distributing 
funds to States based on population. This provision also 
affirms that the EMPG program is authorized by the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act, which 
maintains the structure and purpose of this longstanding 
program.

Strengthening the Incident Command System

    The 9/11 Commission Report recommended that emergency 
response agencies nationwide adopt the Incident Command System 
(``ICS''), a standard, on-scene, all-hazards incident 
management system. DHS incorporated many principals from ICS 
into the National Incident Management System in 2004. However, 
problems with the use of ICS during a statewide or regional 
catastrophe became evident in the response to Hurricane 
Katrina, some of which were addressed in the Post Katrina 
Emergency Management Reform Act of 2006 (P.L. 109-295). Title 
IV further strengthens the use of ICS, including provisions 
specifically related to credentialing and typing, or using a 
common naming system to classify the capabilities or attributes 
of personnel and equipment is critical to ensure that the 
proper resources are deployed in response to an incident. This 
Act requires Federal agencies to credential and type personnel 
and resources available in response to a disaster; directs FEMA 
to maintain a database of these personnel and resources; and 
requires FEMA to issue guidance to Federal, state, local, and 
tribal governments on credentialing and typing. The Act and 
accompanying report clarify that access to disaster areas is 
the responsibility of state and local governments.

Enhancing Private Sector Preparedness

    The 9/11 Commission Report recognized the private sector as 
a critical element in ensuring the nation's preparedness: 
``Private-sector preparedness is not a luxury; it is a cost of 
doing business in the post-9/11 world. It is ignored at a 
tremendous potential cost in lives, money, and national 
security.'' Title IX of the Act permits FEMA and the Assistant 
Secretary for Infrastructure Protection to develop 
recommendations and identify best practices to be taken by the 
private sector to foster preparedness, and requires the 
establishment of a voluntary private sector preparedness 
accreditation and certification program. The Secretary of 
Homeland Security has designated the Administrator of FEMA to 
administer this program.

Prioritizing the Vulnerabilities of Critical Infrastructure

    The presence of critical infrastructure within a State and 
its probable vulnerability to attack was recognized by the 9/11 
Commission as an important element in determining the State's 
overall risk and subsequent security funding needs. Although 
the Secretary of Homeland Security has the responsibility to 
conduct vulnerability assessments pursuant to the Homeland 
Security Act of 2002, the Commission criticized DHS for not 
setting national priorities with respect to critical 
infrastructure. Title X addresses this concern by requiring the 
Secretary to maintain a prioritized critical infrastructure 
list and to provide a report on the comprehensive risk 
assessments of critical infrastructure conducted by DHS.

                         SURFACE TRANSPORTATION

    The 9/11 Commission Report recommended that the Federal 
Government ``should identify and evaluate the transportation 
assets that need to be protected, set risk-based priorities for 
defending them, select the most practical and cost-effective 
ways of doing so, and then develop a plan, budget, and funding 
to implement the effort.'' This Act addresses this 
recommendation and the security needs of public transportation, 
rail, and over-the-road bus systems.

Strengthening Public Transportation, Rail, Bus, and Truck Security

    Titles XIV and XV of the Act:
          Require DHS to complete a nationwide risk assessment 
        of a terrorist attack on railroad carriers and develop 
        and implement a National Strategy for Railroad 
        Transportation Security and a National Strategy for 
        Public Transportation Security;
          Mandate that all public transportation agencies, 
        railroad carriers, and over-the-road bus operators at 
        high risk for terrorism undergo an assessment of the 
        vulnerability of their infrastructure and operations to 
        terrorism, and prepare and implement a security plan;
          Establish three separate security grant programs for 
        carriers to implement specific vulnerabilities 
        identified in their security plans:
                  $3.4 billion for FY 2008-2011 for eligible 
                transit systems;
                  $1.2 billion for FY 2008-2011 for eligible 
                railroad carriers; and
                  $87 million for FY 2008-2011 for eligible 
                over-the-road bus operators;
          Authorize $650 million for grants to Amtrak for 
        system-wide security upgrades and $200 million for 
        grants to Amtrak for tunnel improvements;
          Authorize annual funding through FY 2011 for a 
        security research and development programs dedicated to 
        public transportation, rail, and over-the-road bus 
        transportation;
          Require DHS to establish a program for security 
        exercises at public transportation systems, railroad 
        systems, and over-the-road bus systems, and requires 
        security training for employees of transit agencies, 
        rail carriers, and over-the-road bus operators;
          Establish strong whistleblower protections for 
        transit, rail, and bus employees, and requires such 
        employees, or employees of contractors, to undergo a 
        security background check;
          Require DHS to conduct a comprehensive assessment of 
        the risk of terrorist attack on the nation's school bus 
        transportation system; and
          Require DHS to submit a report to Congress on the 
        status of security in the trucking industry and 
        requires an audit by the Inspector General on the 
        Highway Watch program.

Advancing Hazardous Materials and Pipeline Security

    This Act also includes several provisions to address 
vulnerabilities related to hazardous materials transportation 
including: requiring physical testing of rail cars used to 
transport highly toxic chemicals material; evaluating the 
security risks of transportation routes of security sensitive 
materials; equipping rail cars transporting high hazard 
materials with communications technology; documenting existing 
highway routes for hazardous materials transported by truck; 
and tracking technologies for motor carrier shipments of 
certain security-sensitive hazardous materials. The Act also 
addresses pipeline security by requiring DHS to develop a 
pipeline security and incident recovery protocols plan, to 
review pipeline operators' security plans, and to inspect the 
100 most critical pipeline operators.

Improving Transportation Security Planning and Information Sharing

    The 9/11 Commission observed that while DHS had developed a 
National Strategy for Transportation Security (``Strategy''), 
it lacked the necessary detail to make it a useful tool. Title 
XII of the Act directs DHS to include additional information, 
as specified in the legislation, in subsequent submissions of 
the Strategy to Congress; requires DHS to tie the priorities 
identified in the Strategy to risk assessments conducted by 
DHS; and requires DHS to link its budget submissions to such 
priorities. The Act also requires DHS to develop a 
Transportation Security Information Sharing Plan and to provide 
a semiannual report to Congress identifying recipients of 
transportation security information.

              Energy Independence and Security Act of 2007


                           Public Law 110-140


                                (H.R. 6)


                   (See also H.R. 2701 and H.R. 3221)


                           December 19, 2007

    The Energy Independence and Security Act of 2007 (P.L. 110-
140) promotes energy efficient transportation and public 
buildings, and creates incentives for the use of alternative 
fuel vehicles and renewable energy. This Act contains numerous 
provisions within the jurisdiction of the Committee on 
Transportation and Infrastructure.

                COAST GUARD AND MARITIME TRANSPORTATION

Prohibition of Incandescent Lamps by Coast Guard

    Title V, Subtitle C prohibits the purchase or installation 
of incandescent lamps in a Coast Guard facility by or on behalf 
of the Coast Guard except where such lamp is specifically 
necessary.

Short Sea Shipping

    Title XI, Subtitle C requires the Secretary of 
Transportation to establish a short sea transportation program 
and to designate short sea transportation projects to mitigate 
landside congestion. This subtitle also requires the Secretary 
to designate short sea transportation routes as extensions of 
the surface transportation system to relieve landside 
congestion along coastal routes. The Secretary will designate 
projects if the project offers a waterborne alternative to 
available landside transportation and provide for 
transportation services for passengers or freight (or both) 
that may reduce congestion. The subtitle requires the Secretary 
to develop, in consultation with other Federal agencies and 
state and local governments, strategies to encourage the use of 
short sea transportation of passengers and cargo and to 
encourage state departments of transportation to develop 
strategies to incorporate short sea transportation and other 
marine transportation solutions into their regional and 
interstate transportation plans. Subtitle C also amends the 
Capital Construction Fund (``CCF'') program so that vessels 
engaged in short sea transportation are eligible to participate 
in this program. CCF is a tax deferral program that allows a 
vessel owner to deposit funds into the account and defers the 
taxation on the earnings in the account if the owner uses the 
funds to build a vessel for short sea transportation. The 
deferred taxation is recaptured by decreasing the depreciable 
base of the vessel by the amount of CCF funds used to purchase 
the vessel.

    ECONOMIC DEVELOPMENT, PUBLIC BUILDINGS, AND EMERGENCY MANAGEMENT

Federal Building Energy Efficiency

    Section 323 mends section 3307(b) of the Public Buildings 
Act (40 USC 601-619) by inserting new paragraph (7). The 
paragraph requires the Administrator of General Services to 
include in any prospectus of a proposed facility being 
transmitted to Congress for approval an estimate of future 
energy performance of the building or space and a specific 
description of the use of energy efficient and renewable energy 
systems, including photovoltaic systems. This section also 
authorizes the Administrator of General Services to include 
minimum performance requirements requiring energy efficiency 
and use of renewable energy in leased space. In addition, 
section 323 directs the Administrator of General Services to 
equip each public building significantly altered or 
constructed, to the maximum extent practicable, with lighting 
fixtures and bulbs that are energy efficient. This section 
directs the Administrator of General Services in normal routine 
maintenance to replace lighting fixtures or bulbs with energy 
efficient lighting fixtures and bulbs. Finally, this section 
amends section 3310 of the Public Buildings Act by inserting a 
new section 3 that authorizes the Administrator of General 
Services to include in any solicitation for a lease requiring a 
prospectus required under section 3307 of title 40 an 
evaluation factor that considers the extent to which the 
offeror will promote energy efficiency and use renewable 
energy.
    Title IV, Subtitle B amends the National Energy 
Conservation Policy Act (``NECPA'') to set forth specific 
energy reduction goals for Federal buildings for FY 2006 
through FY 2015 and requires Federal agencies to designate an 
energy manager to reduce facility energy use. This subtitle 
also establishes specific goals to reduce fossil fuel 
consumption by Federal buildings. In addition, Subtitle B 
directs the Administrator of General Services to establish an 
Office of Federal High-Performance Green Buildings within GSA 
and requires the Director of the Office to implement a ``green 
building'' certification system. Finally, this subtitle amends 
the National Energy Conservation Policy Act by extending the 
life-cycle cost calculation period from 25 years to 40 years.
    Title V, Subtitle C directs the Administrator of General 
Services to install a photovoltaic system for the headquarters 
building of the Department of Energy located at 1000 
Independence Avenue, S.W., in Washington, DC. This subtitle 
also directs the Secretary of Energy to establish Federal 
building energy efficiency performance standards that require 
at least 30 percent of the hot water demand for each new 
Federal building or major renovation of a Federal building to 
be met through the installation and use of solar hot water 
heaters.

U.S. Capitol Complex Energy Efficiency

    Title V, Subtitle A authorizes the Architect of the Capitol 
to perform a feasibility study regarding construction of 
photovoltaic roof on the Rayburn House Office Building and the 
Hart Senate Office Building. This subtitle also authorizes the 
Architect of the Capitol to construct a fuel tank and pumping 
system for E-85 fuel at or within close proximity to the 
Capitol Grounds Fuel Station. In addition, Subtitle A 
authorizes the Architect of the Capitol, to the maximum extent 
practicable, to include energy efficient measures, climate 
change mitigation measures, and other appropriate environmental 
measures in the Capitol Complex Master Plan. Finally, this 
subtitle authorizes the Architect of the Capitol, for the 
purposes of reducing carbon dioxide emissions, to install 
technologies for the capture and storage or use of carbon 
dioxide emitted from the Capitol power plant as a result of 
burning coal.

                          HIGHWAYS AND TRANSIT

Center for Climate Change and Environment

    Section 1101 authorizes the Department of Transportation's 
Center for Climate Change and Environment to plan, coordinate, 
and implement Department-wide research, strategies, and actions 
to reduce transportation-related energy use and mitigate the 
effects of climate change. This section requires the Center to 
establish a clearinghouse to identify and track low-cost 
solutions to reducing transportation-related energy use, 
greenhouse gas emissions, and mitigate the effects of climate 
change.

Congestion Mitigation and Air Quality Improvement Program Incentives

    Section 1131 increases the Federal commitment to congestion 
mitigation and air quality improvement projects by increasing 
the Federal share for grants under the Congestion Mitigation 
Air Quality (``CMAQ'') program from 80 percent under current 
law to 100 percent of the net project cost. The section will 
assist regions in complying with the Clean Air Act and reducing 
transportation-related emissions.
    Section 1132 requires States to implement future 
rescissions of unobligated Federal-Aid Highway program contract 
authority proportional to the programmatic allocation received 
in a given fiscal year, if there is unobligated contract 
authority available to meet the rescission requirements. States 
have chosen to apply pervious rescissions disproportionately to 
cut contract authority for the Congestion Mitigation and Air 
Quality Improvement (``CMAQ'') program and Transportation 
Enhancement program funds. Both of these programs provide 
significant environmental benefits.

``Complete Streets'' Design

    Section 1133 encourages state and local governments to 
employ ``complete streets'' policies. Complete streets are 
streets designed to accommodate all users of a variety of modes 
of transportation, including environmentally friendly options 
such as public transit, walking, and bicycling.

             RAILROADS, PIPELINES, AND HAZARDOUS MATERIALS

Ethanol Transportation Studies

    Section 243 directs the Secretary of Energy, in 
coordination with the Secretary of Transportation, to conduct 
feasibility studies for the construction of pipelines dedicated 
to the transportation of ethanol. The study includes 
consideration of the barriers to constructing pipelines 
dedicated to the transportation of ethanol; market risk; 
regulatory, and financing options that would mitigate any risk; 
methods to ensure safe transportation of ethanol and preventive 
measures to ensure pipeline integrity; and other factors the 
Secretary of Energy considers appropriate. This section 
authorizes appropriations of $1 million for each of fiscal 
years 2008 and 2009 to carry out this section. Section 245 
directs the Secretary of Energy, in coordination with the 
Secretary of Transportation, to jointly conduct a study of the 
adequacy of transportation of domestically-produced renewable 
fuels by railroad and other modes of transportation as 
designated by the Secretaries.

Green Locomotive Grant Pilot Program

    Section 1111 requires the Secretary to establish a 
competitive grant program to incentivize railroad carriers and 
state and local governments to purchase hybrid and other 
energy-efficient locomotives, including hybrid switch and 
generator-set locomotives. The section authorizes $10 million 
for each of fiscal years 2008 through 2011 to carry out this 
program.

Regional and Shortline Railroad Grant Program

    Section 1112 directs the Secretary of Transportation to 
establish a capital grant program to assist regional and short 
line railroads in rehabilitating, preserving, or improving 
railroad track used primarily for the safe and efficient 
transportation of freight traffic. This section authorizes $50 
million for each of fiscal years 2008 through 2011 to carry out 
this capital grant program.

               Food, Conservation, and Energy Act of 2008


                           Public Law 110-234


                         (H.R. 2419/H.R. 6124)


                              May 22, 2008

    The Food, Conservation, and Energy Act of 2008 (P.L. 110-
234) contains several provisions within the jurisdiction of the 
Committee on Transportation and Infrastructure.

    ECONOMIC DEVELOPMENT, PUBLIC BUILDINGS, AND EMERGENCY MANAGEMENT

    Section 6025 of the Act reauthorizes the Delta Regional 
Authority (``DRA'') through fiscal year 2012 at current levels, 
and adds 12 additional counties to be eligible for assistance 
in Louisiana and Mississippi.
    Section 6026 of the Act reauthorizes the Northern Great 
Plains Regional Authority (``NGPRA'') through fiscal year 2012 
at current levels, and makes several changes to the 
Commission's structure.
    Section 14217 authorizes three new regional development 
commissions: the Northern Border Regional Commission, the 
Southeast Crescent Regional Commission, and the Southwest 
Border Regional Commission. These Commissions are authorized 
through fiscal year 2012, at $30 million per year for each 
Commission. The Act places these three commissions under one 
unified administration and management structure, as modeled 
after the Appalachian Regional Commission (``ARC'').

                    WATER RESOURCES AND ENVIRONMENT

    Section 2605 directs the Secretary of Agriculture to assist 
in the implementation of conservation activities on 
agricultural lands in the Chesapeake Bay watershed through a 
new Chesapeake Bay Program for Nutrient Reduction and Sediment 
Control program. Section 2803 reauthorizes appropriations for 
the Natural Resources Conservation Service Small Watershed 
Rehabilitation Program through fiscal year 2012 at $100 million 
per year.

                       ADA Amendments Act of 2008


                           Public Law 110-325


                               (S. 3406)


                           September 25, 2008

    The ADA Amendments Act of 2008 (P.L. 110-325) ensures the 
full implementation of the protections enacted by Congress in 
the Americans with Disabilities Act (``ADA'') of 1990 and 
provides a clear and comprehensive national mandate for the 
elimination of discrimination on the basis of disability.
    The Act amends the definition of disability to clarify the 
intent of Congress in light of several opinions of the U.S. 
Supreme Court that have narrowed the definition of disability. 
The Act retains the original three prongs of the definition of 
disability: a physical or mental impairment that substantially 
limits one or more life activities; a record of such 
impairment; or being regarded as having such impairment. 
However, it clarifies the intent of several elements of the 
definition.
    Among other provisions, the Act prohibits the consideration 
of mitigating measures, such as medication, assistive 
technology, accommodations, and modifications, in determining 
whether an impairment substantially limits a major life 
activity. The Act also provides that the definition of 
disability shall be construed broadly.
    Entities covered under the ADA will not be required to 
provide reasonable accommodations or reasonable modifications 
to policies and procedures for individuals who meet the 
definition of disability only because they are ``regarded as 
having an impairment.''
    This Act clarifies that the three agencies that currently 
issue regulations under the ADA, including the Department of 
Transportation, have regulatory authority related to the 
definitional amendments made by this Act.

        National Defense Authorization Act for Fiscal Year 2008


                           Public Law 110-181


                              (H.R. 4986)


   (See also H.R. 1585, vetoed by the President on December 28, 2007)


                            January 28, 2008

    The National Defense Authorization Act for Fiscal Year 2008 
was signed into law on January 28, 2008. This Act contains 
several provisions within the jurisdiction of the Committee on 
Transportation and Infrastructure.

                                AVIATION

    Section 1064 of the Act repeals section 1063 of the 
National Defense Authorization Act for FY 2006 (P.L. 109-163) 
and reaffirms state procurement authority over the Abraham 
Lincoln National Airport Commission, University Park, Illinois, 
and removes restrictive representation requirements for who may 
serve on the airport board. Section 378 extends the war risk 
insurance program from March 30, 2008, to December 31, 2013. 
Section 1078 requires the Federal Aviation Administration 
(``FAA'') to regulate the safety of certain aviation services 
provided under contract to the Department of Defense (``DOD'').

                COAST GUARD AND MARITIME TRANSPORTATION

    Section 521 of the Act makes members of the Ready Reserve 
eligible for tuition assistance, and requires the Secretary of 
Defense to conduct a study on the tuition assistance program. 
Section 2845 authorizes a land exchange between the city of 
Detroit and the United States Coast Guard. Section 3511 amends 
the commercial vessel chartering rules applicable to the 
Secretary of Transportation and expands the Secretary's 
authority to purchase, charter, operate or otherwise acquire a 
vessel ``as the Secretary deems appropriate'', which allows 
leases for longer periods of time than the 18 months allowable 
under current law. Section 3521 clarifies that the Jones Act 
permits a seaman to pursue his claim against his employer 
wherever the employer does business.

    ECONOMIC DEVELOPMENT, PUBLIC BUILDINGS, AND EMERGENCY MANAGEMENT

    Section 2708 allows the Administrator of General Services 
to transfer 69.5 acres of real property, including warehouse 
facilities, in Springfield, Virginia to the Secretary of the 
Army, in the context of relocation of members of the Armed 
Forces and DOD civilian employees to Fort Belvoir.

                    WATER RESOURCES AND ENVIRONMENT

    Section 311 authorizes the Secretary of Defense to transfer 
to the Environmental Protection Agency funds to reimburse the 
Environmental Protection Agency (``EPA'') for costs incurred in 
connection with the former Larson Air Force Base, Moses Lake 
Superfund Site, Moses Lake, Washington. Section 312 authorizes 
the Secretary of Defense to transfer to EPA funds to reimburse 
EPA for costs incurred in connection with the Arctic Surplus 
Superfund Site, Fairbanks, Alaska. Section 313 authorizes the 
Secretary of the Navy to contribute funds to the Superfund 
Trust Fund as a stipulated penalty assessed by the EPA against 
the Jackson Park Housing Complex, Washington. Section 2875 
directs the Corps of Engineers to assume operation and 
maintenance responsibilities for a flood control project 
located within the city of Woonsocket, RI from the non-Federal 
sponsor.

 Duncan Hunter National Defense Authorization Act for Fiscal Year 2009


                           Public Law 110-417


                               (S. 3001)


                            October 14, 2008

    The Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (P.L. 110-417) contains several provisions 
within the jurisdiction of the Committee on Transportation and 
Infrastructure.

                                AVIATION

    Section 2854 prohibits the airfield property located at 
NASJRB Willow Grove from being used for commercial passenger 
and cargo aircraft operations, as a reliever airport due to 
congestion at other airports, or as a general aviation airport.

                COAST GUARD AND MARITIME TRANSPORTATION

    Section 601 authorizes a pay raise for the members of the 
uniformed services, including the United States Coast Guard, of 
3.9 percent effective on January 1, 2009. Section 619 amends 
section 353 of title 37, United States Code, to authorize a 
skill proficiency bonus of up to $12,000 annually to a member 
enrolled in an officer training program, which affects Coast 
Guard officers. Section 881 clarifies that the Secretary of 
Homeland Security can issue regulations governing the 
registration and licensing of trademarks owned and controlled 
by the Coast Guard and gives the Department of Homeland 
Security the ability to retain fees from licensing of 
intellectual property.

                          HIGHWAYS AND TRANSIT

    Section 3512 creates a Port of Guam Improvement Enterprise 
Program to provide for the planning, design, and construction 
of projects for the Port of Guam to improve facilities, relieve 
congestion, and provide greater access to facilities. This 
section includes a limitation that highway project funds 
provided to Guam under title 23, United States Code, are not 
eligible to be transferred to the Port of Guam Improvement 
Enterprise Fund. Section 2814 amends Section 210 of title 23, 
the Defense Access Roads program, and requires the Secretary of 
Defense to conduct a transportation needs assessment if an 
action of the Department of Defense will cause a significant 
transportation impact.

                    WATER RESOURCES AND ENVIRONMENT

    Section 312 authorizes the Secretary of Defense to transfer 
funds to reimburse the Environmental Protection Agency for its 
costs in overseeing a remedial investigation and feasibility 
study at the former Larson Air Force Base, Moses Lake Superfund 
Site, in Washington. Section 1067 amends section 101(a)(1) of 
the Water Resources Development Act of 2000 (related to the 
project for hurricane and storm damage reduction, Barnegat 
Inlet to Little Egg Inlet, New Jersey) to direct the Secretary 
of the Army to handle, at Federal expense, munitions located on 
the beach during section construction of the project. Section 
2811 changes Department of Defense reporting requirements to 
require DOD to report to Congress on real property transactions 
associated with ``Army civil works water resource development 
projects''.

     Supporting the Goals and Ideals of National Public Works Week


                             (H. Res. 352)


                              May 15, 2007

    H. Res. 352 expresses support for the goals and ideals of 
National Public Works Week. This resolution recognizes and 
celebrates the important contributions that public works 
professionals make to improve the public infrastructure of the 
United States.

  Reaffirming the Goals and Ideals That Formed the Impetus for Albert 
Gallatin's National Plan for Transportation Improvements 200 Years Ago, 
                         and for Other Purposes


                             (H. Res. 936)


                             March 12, 2008

    H. Res. 936 honors the 200th anniversary of the Gallatin 
Report on Roads and Canals, celebrating the national unity that 
the Gallatin Report engendered, and recognizing the vast 
contributions that national planning efforts have provided to 
the United States. President Thomas Jefferson commissioned his 
Secretary of the Treasury, Albert Gallatin, to provide a new 
vision for transportation that would unite the young and 
expanding Republic. The Gallatin Report highlighted the 
importance of a strong national infrastructure. This critical 
factor remains relevant today as we face new challenges in 
maintaining, improving, and financing transportation 
infrastructure necessary to meet the evolving needs of our 
economy and mobility.

     Supporting the Goals and Ideals of National Public Works Week


                             (H. Res. 1137)


                              May 21, 2008

    H. Res. 1137 expresses support for the goals and ideals of 
National Public Works Week. This resolution recognizes and 
celebrates the important contributions that public works 
professionals make to improve the public infrastructure of the 
United States.

                                Hearings

    During the 110th Congress, the Committee on Transportation 
and Infrastructure held 22 full committee hearings.

FY 2008 President's Budget Request for the Department of Transportation 
                  and Environmental Protection Agency

    On February 8, 2007, the Committee on Transportation and 
Infrastructure held a hearing on the fiscal year (``FY'') 2008 
President's Budget Request for the Department of Transportation 
(``DOT'') and the Environmental Protection Agency (``EPA''). 
Due to a lengthy interruption for Floor votes, the EPA portion 
of this hearing was postponed until the February 14, 2007 
Subcommittee on Water Resources and Environment hearing on 
Agency Budgets and Priorities for FY 2008.
    The Committee received testimony from Secretary of 
Transportation Mary Peters regarding the FY 2008 budget request 
for DOT programs. The Administration requested a total of $67 
billion for DOT in FY 2008, including $40.3 billion for the 
Federal Highway Administration, $14.1 billion for the Federal 
Aviation Administration, and $9.4 billion for the Federal 
Transit Administration. This request would have provided DOT as 
a whole with essentially the same total funding level as in FY 
2007. For aviation, the FY 2008 budget request proposed to 
transform the FAA's current excise tax financing system to a 
cost-based user fee system, and reduce funding for the Airport 
Improvement Program by 22 percent below FY 2007. Regarding 
surface transportation, the funding guarantees established by 
the Safe, Accountable, Flexible, Efficient Transportation 
Equity Act: A Legacy for Users (``SAFETEA-LU'') were not met. 
Rather, the FY 2008 request proposed to cancel $631 million in 
Revenue Aligned Budget Authority for highway and highway safety 
programs, and reduce funding for transit programs by $309 
million below the guaranteed level. For Amtrak, the 
Administration requested $500 million for capital grants, $272 
million less than FY 2007, and proposed to zero-out operating 
funds, substituting instead $300 million for ``Efficiency 
Incentive Grants''.

Proposals To Downsize the Federal Protective Service and Effects on the 
                    Protection of Federal Buildings

    On April 18, 2007, the Committee on Transportation and 
Infrastructure held a hearing on the Department of Homeland 
Security's plan to reduce the number of Federal Protective 
Service (``FPS'') officers and their presence at Federal 
buildings nationwide. The Committee was extremely concerned 
with the effects of the DHS downsizing plan on FPS' ability to 
provide law enforcement and security services at more than 
8,900 federally owned and leased facilities throughout the 
United States, totaling approximately 352 million square feet 
of space, and housing more than 1.1 million Federal personnel. 
In addition to concerns regarding the DHS proposal to downsize 
FPS, the hearing examined whether FPS, like the Federal 
Emergency Management Agency, lost its focus on core 
capabilities since being placed within the Department of 
Homeland Security. The Committee remained concerned with the 
placement of FPS within the Immigration and Customs Enforcement 
(``ICE'') component of DHS. Congress later passed Public Law 
110-329 requiring FPS to maintain a force of 1,200.

  Compliance With Requirements of the Coast Guard's Deepwater Contract

    The Integrated Deepwater Program (``Deepwater'') is a 
series of procurements being undertaken by the U.S. Coast Guard 
(``USCG'') to replace or upgrade its major surface and aviation 
assets. The procurements are expected to cost $25 billion and 
take 24 years to complete from the date of the program's 
inception (2002). The early years of the Deepwater program 
produced a series of failed procurements, including the failure 
of an effort to lengthen 110-foot patrol boats to 123 feet, 
which yielded eight vessels with such extensive hull anomalies 
they were unsafe to operate and had to be removed from service.
    The Committee on Transportation and Infrastructure met on 
April 18, 2007, to review the results of an investigation of 
the Deepwater program that probed deeply into the contract 
management and decision-making processes within the USCG and 
its contractor partner, Integrated Coast Guard Systems 
(``ICGS''), comprised of Lockheed Martin Corporation and 
Northrop Grumman Corporation. The investigation found that the 
USCG was warned of flaws in the designs proposed to be used to 
lengthen the 110-foot patrol boats by the U.S. Navy long before 
the design was finalized. However, offers by the Navy to assist 
in the evaluation of the initial conversion design or in the 
investigation and resolution of cracks that occurred in the 
ships after they were converted were not accepted by the USCG.
    The investigation also found that in some cases, 
substandard information technology equipment was installed on 
the lengthened patrol boats. For example, ``topside'' (meaning 
on the top/outside of the ship) equipment was installed on the 
123-foot patrol boats (known as ``123s'') and on a small boat 
launched from the 123s that did not meet Deepwater contract 
specifications and that may not have been operational in all 
weather conditions that the 123s and the small boats were 
expected to encounter. In addition, cameras were installed on 
the 123s that did not provide a 360-degree field of view around 
the vessels. Finally, records indicate that there were 
irregularities in the process for testing and certifying the 
123s for compliance with TEMPEST standards, which are designed 
to prevent the leak of classified information.
    Testimony presented at the hearing suggested that these 
problems occurred in large measure because the USCG was 
operating under a paradigm that required rigid adherence to an 
aggressive schedule, which was commonly referred to within the 
USCG as ``ruthless execution'', and which generated bad 
decisions, design compromises, and the use of the below-
standard equipment. Additionally, the USCG failed to properly 
manage the contracts associated with procurements undertaken in 
the early years of the Deepwater program--in large part because 
it did not have an adequate number of properly trained contract 
and acquisitions management personnel on staff to oversee its 
contractors.
    The hearing resulted in extensive media coverage, including 
CBS News' 60 Minutes. That same week, the USCG removed ICGS as 
the lead systems integrator (``LSI'') of the Deepwater program 
and announced plans to create an Acquisitions Directorate, 
which would ultimately take over all LSI responsibilities. The 
USCG is seeking $96 million in reimbursement from ICGS.
    As a result of the investigation, Coast Guard Subcommittee 
Chairman Elijah E. Cummings introduced H.R. 2722, the 
``Integrated Deepwater Program Reform Act''. The Committee 
reported the bill and, on July 31, 2007, the House passed H.R. 
2722 by a vote of 426-0. The Senate passed a similar bill in 
December 2007. However, the differences between the House and 
Senate bills were not resolved at the close of the 110th 
Congress.
    On May 7, 2008, the USCG accepted delivery of National 
Security Cutter #1, Bertholf. Again, there are deficiencies in 
the classified C4ISR systems, and the ship has not yet been 
TEMPEST certified. The Committee continues to monitor the 
National Security Cutter program, as well as the overall 
Deepwater Program.

   Administration Proposals on Climate Change and Energy Independence

    On May 11, 2007, the Committee heard testimony from the 
Secretary of Transportation, the Administrator of the 
Environmental Protection Agency, the Administrator of the 
General Services Administration (``GSA''), the Assistant 
Secretary of the Army for Civil Works for the U.S. Army Corps 
of Engineers (``Corps''), the Acting Architect of the Capitol, 
and the Chief Administrative Officer of the House of 
Representatives on executive and legislative branch proposals 
and actions on ``Administration Proposals on Climate Change and 
Energy Independence''.
    Members of the Committee and witnesses acknowledged the 
threat caused by climate change, the role of man-made emissions 
in causing climate change, and energy-related policy 
challenges. Witnesses from the Administration testified on 
climate change and energy efficiency actions and proposals. The 
Architect of the Capitol and the Chief Administrative Officer 
of the House of Representatives noted actions taken to make the 
Capitol complex more energy efficient. The Administrator of GSA 
testified on GSA actions to encourage energy efficiency in 
Federal buildings. The Administrator of EPA noted the 
Administration's goals regarding climate change, and described 
EPA programs to encourage energy efficient behavior. The 
Secretary of Transportation noted several transportation-
related energy efficiency programs. The representative from the 
Corps spoke about the need to adapt to the impacts of climate 
change.

      Climate Change and Energy Independence: Transportation and 
                         Infrastructure Issues

    On May 16, 2007 the Committee on Transportation and 
Infrastructure received testimony from witnesses testifying on 
``Climate Change and Energy Independence: Transportation and 
Infrastructure Issues'' for surface transportation, public 
buildings, aviation, and water resources and maritime 
transportation.
    Members of the Committee and witnesses acknowledged the 
interconnections between energy challenges and climate change. 
This hearing provided perspectives and proposed policy 
responses from a variety of groups and stakeholders. Climate 
change impacts threaten various components of the nation's 
transportation infrastructure, as well as the nation's water 
resources. Similarly, the increasing cost of oil creates 
incentives to develop alternative energy sources and rely and 
develop some under-utilized transportation modes. Witnesses 
representing a variety of perspectives offered recommendations 
on energy and transportation alternatives to the status quo.

     Status of the Nation's Waters, Including Wetlands, Under the 
        Jurisdiction of the Federal Water Pollution Control Act

    On July 17 and July 19, 2007, the Committee on 
Transportation and Infrastructure received testimony from the 
Governor of Montana, state officials, a former Administrator of 
the Environmental Protection Agency, and various legal 
scholars, scientists and stakeholders regarding the ``Status of 
the Nation's Waters, including Wetlands, Under the Jurisdiction 
of the Federal Water Pollution Control Act''.
    Congress enacted the Federal Water Pollution Control Act 
Amendments of 1972, now more commonly known as the Clean Water 
Act, to ``restore and maintain the chemical, physical, and 
biological integrity of the Nation's waters.'' To achieve this 
goal, section 301 of the Act generally prohibits the 
``discharge of any pollutant by any person'', except as 
specifically authorized under a permit issued pursuant to the 
Act. While the goals of the Clean Water Act speak to the 
restoration and maintenance of the nation's waters, the 
permitting and definitional provisions of the Act refer to 
discharges into ``navigable waters'', defined as ``[meaning] 
the waters of the United States, including the territorial 
seas.''
    Until recently, the Corps of Engineers and EPA broadly 
interpreted the Clean Water Act's authority over waters, 
including wetlands, both in terms of traditional point source 
discharges (section 402) and dredged and fill activities 
(section 404). However, in 2001 and 2006, the U.S. Supreme 
Court issued two rulings that called into question the 
authority of the Corps and EPA to regulate discharges of 
pollutants into the nation's waters.
    Generally speaking, all of the witnesses who testified at 
the hearing commented on the legal controversy caused by the 
two Supreme Court decisions, and the jurisdictional and 
regulatory confusion that has resulted from these decisions for 
the entirety of the Act, including both point source discharges 
and dredge and fill activities. However, the various witnesses 
differed on their suggested resolution to this controversy and 
confusion. Several witnesses recommended the enactment of 
legislation to restore the jurisdictional scope of the Clean 
Water Act that existed prior to the two Supreme Court 
decisions; other witnesses suggested that the controversy and 
confusion would best be addressed through an administrative 
rulemaking or interpretative guidance.

          Structurally Deficient Bridges in the United States

    On September 5, 2007, the Committee held a hearing on 
structurally deficient bridges on the National Highway System. 
This hearing was held in the wake of the collapse of the I-35W 
Bridge in Minneapolis, Minnesota to discuss steps that must be 
taken to ensure the safety of our nation's bridge inventory. At 
6:05 p.m. on August 1, 2007, the I-35W Bridge in Minneapolis, 
Minnesota, collapsed into the Mississippi River, killing 13 
people. Following this tragedy, public awareness of the 
deteriorating conditions of our nation's bridges increased 
greatly.
    Bridges are considered structurally deficient if 
significant load-carrying elements are found to be in poor or 
worse condition due to deterioration and/or damage. According 
to the U.S. Department of Transportation, one of every eight 
bridges in the nation is structurally deficient. Of the 597,766 
bridges in the United States, 152,316 bridges are deficient, 
including 72,524 structurally deficient bridges and 79,792 
functionally obsolete bridges. According to DOT, more than $65 
billion could be invested immediately in a cost-beneficial way, 
by all levels of government, to replace or otherwise address 
existing bridge deficiencies.
    The high percentage of deficient bridges and the large 
existing backlog are, in part, due to the age of the network. 
One-half of all bridges in the United States were built before 
1964. Interstate System bridges, which were primarily 
constructed in the 1960s, pose a special challenge because a 
large percentage of these bridges are in the same period of 
their service lives (e.g., 44 percent of these bridges were 
constructed in the 1960s). The Highway Bridge Program provides 
funding to enable States to improve the condition of their 
highway bridges through replacement, rehabilitation, and 
systematic preventive maintenance. The apportioned funds are 
distributed according to a formula based on each State's 
relative share of the total cost to repair or replace deficient 
highway bridges.
    The Committee heard testimony from the U.S. Secretary of 
Transportation, the Mayor of Minneapolis, Minnesota, state 
departments of transportation, county engineers, and 
stakeholder groups.

                      Rail Competition and Service

    On September 25, 2007, the Committee held a hearing to 
examine the state of competition and service for rail 
customers. Today, most observers agree that the Staggers Act of 
1980, which partially deregulated the railroad industry, has 
been profoundly beneficial for the freight rail industry. A 
2006 Government Accountability Office (``GAO'') report 
examining the health of the freight railroad industry found 
that its financial health has improved substantially as 
railroads have cut costs by streamlining their workforces, 
right-sizing their rail networks, and reducing track miles, 
equipment, and facilities to more closely match demand. Freight 
railroads have also expanded their business into new markets--
such as the intermodal market and implemented new technologies, 
including larger cars. Over the past 10 years, the seven Class 
I railroads have reported progressively greater income.
    These gains for the railroads have come at a price for 
shippers. According to GAO, the railroads are shifting more 
costs to the shippers. For example, GAO reports that a 20 
percent shift has occurred in railcar ownership since 1987. GAO 
also found that in 2005, the amount of industry revenue 
reported as ``miscellaneous'' nearly tripled over 2004 levels. 
Railroads have also been charging shippers, in particular 
captive shippers, higher rates. While GAO reports that the 
amount of captive traffic traveling at rates greater than 180 
percent of the variable cost of transporting a shipment and the 
revenue generated from that traffic have both declined since 
1995, the tonnage from traffic traveling at rates substantially 
over the threshold for rate relief has increased.
    The Surface Transportation Board (``STB'' or ``Board'') is 
the economic regulatory agency that Congress charged with the 
fundamental missions of resolving railroad rate and service 
disputes and reviewing proposed railroad mergers. While the STB 
reports that it has taken action recently to make many of its 
rate dispute processes more accessible to shippers, GAO 
reported in 2006 that many of these processes have proven to be 
inaccessible to shippers because the processes remain 
expensive, time consuming, and complex.
    At the hearing, GAO testified that the STB should undertake 
a number of initiatives to address shipper concerns. These 
initiatives include requiring greater reporting of freight 
railroads revenues, especially miscellaneous revenues. GAO also 
stated that it is too soon to evaluate recent steps taken by 
the STB to improve its rate relief process. The Chairman of the 
STB listed a number of activities that the Board has undertaken 
to improve its services for shippers, including a rulemaking on 
the railroads' cost of capital, commissioning a study on 
competition in the rail industry, and a rulemaking on 
interchange agreements, also known as ``paper barriers''. A 
Commissioner of the STB observed that the Staggers Act did not 
``de-regulate'' the railroads, but instead ``mostly de-
regulated'' the railroads. The Chief Executive Officer 
(``CEO'') of the National Rural Electric Cooperative 
Association testified that high costs and unreliable service 
have become the accepted norm for most railroad companies and 
shippers simply have nowhere to turn. He testified that in 
recent years, shippers have been unable to get any rate relief 
when their rates amount to three to five times--or more--the 
direct cost of moving the freight in question. The President 
and CEO of the Union Pacific Railroad, meanwhile, testified 
that the railroad industry agrees with the current regulatory 
scheme, but any change to the railroads rate structure will 
impact how they can expand their networks to meet growing 
demand.

   The 35th Anniversary of the Clean Water Act: Successes and Future 
                               Challenges

    On October 18, 2007, the Committee held a hearing to 
commemorate the 35th anniversary of the Federal Water Pollution 
Control Act Amendments of 1972, more commonly referred to as 
the Clean Water Act. The Committee heard testimony from 
representatives of Federal, state, and local governments, 
industry, construction utilities, and nongovernmental 
organizations.
    This hearing focused on the historical underpinnings of the 
Clean Water Act's goal to ``restore and maintain the chemical, 
physical, and biological integrity of the Nation's waters,'' 
progress made during the 35-year history of the Act, and 
remaining challenges to meeting the Act's goals. A wide variety 
of witnesses recognized that the Act has made significant 
improvements to water quality throughout the nation; however, 
one-third of the nation's waters remain impaired after more 
than three decades of effort. Witnesses identified key 
challenges for the future of the Clean Water Act, including the 
escalating wastewater infrastructure needs (estimated to be 
between $300 billion and $400 billion over the next 20 years), 
the jurisdictional uncertainty created by two recent Supreme 
Court decisions, stormwater and other wet weather discharge 
concerns, and water-related challenges posed by global climate 
change.

The Impact of Railroad Injury, Accident, and Discipline Policies on the 
                     Safety of America's Railroads

    On October 25, 2007, the Committee on Transportation and 
Infrastructure held a hearing to examine the impact of railroad 
injury, accident reporting, and discipline policies on rail 
safety. The Oversight and Investigations (``O&I'') staff 
conducted an in-depth investigation of railroad employee injury 
reporting practices. The purpose of this hearing was to examine 
allegations contained in hundreds of reports from rail 
employees collected and reviewed by O&I staff suggesting that 
railroad safety management programs sometimes either subtly or 
overtly intimidate employees from reporting on-the-job 
injuries.
    It was alleged that many Class I railroads have management 
programs and policies that inhibit or intimidate employees into 
not reporting on-the-job injuries. Thus, many injury accidents, 
that are required to be reported to the Federal Railroad 
Administration (``FRA''), may be never reported as a result. It 
is alleged that railroad management personnel invoke pressure 
upon employees in three common ways: 1) by ``counseling'' them 
not to file an injury report in the first place, subtly 
suggesting that it might be in their ``best interests'' not to 
do so; 2) by finding employees exclusively at fault for their 
injuries and administering discipline; and 3) by subjecting 
employees who have reported injury accidents to increased 
performance monitoring, performance testing, and often followed 
by subsequent disciplinary action up to, and including, 
termination.
    O&I staff examined many of the Class I railroads' safety 
management policies for dealing with employee injuries. All of 
these programs certainly appear intent on preventing injuries, 
but it is also clear that these programs may create 
``unintended consequences''. A major unintended consequence is 
that employees generally perceive intimidation to the extent 
that those who are injured in rail incidents are often afraid 
to report their injuries or seek medical attention for fear of 
being terminated or severely disciplined. Many of the reports 
compiled by staff suggest that railroad employees often find 
themselves the targets of a higher degree of management 
scrutiny immediately after filing an injury report. The 
railroads argue that these are ``counseling programs'' intended 
to prevent future injuries, but the programs are often 
perceived by employees as intimidation which inhibits the 
reporting of injuries in order to escape inevitable management 
attention in the aftermath of an injury report. Railroads are 
incentivized to keep their injury reports down in order to 
escape scrutiny from the FRA.
    O&I staff reviewed all of the most recent FRA 
``Comprehensive Accident/Incident Recording Keeping Audits'' 
conducted under Part 225 of the FRA regulations for the Class I 
railroads. According to these audits, FRA found 352 violations 
for underreporting, with the largest category representing 
failures to report employee injuries. It is important to 
recognize that this represents the number of underreported 
injury events that FRA was able to identify by auditing 
railroad records, but this number does not represent the number 
of injuries that may have never been reported by employees. In 
a discussion with O&I staff, the FRA Associate Administrator 
for Safety stated that she believed that supervisory pressure 
on employees to not report injuries is a significant issue. 
When the FRA receives complaints on this subject, it does 
investigate these reports. The Associate Administrator 
maintained that FRA simply does not have the resources to 
investigate the extent of the ``harassment'' issue.
    In 2007, Congress enacted the 9/11 Commission Act of 2007 
(P.L. 110-53), which strengthens whistleblower protections for 
rail workers and contains provisions to strengthen the 
protection of rail workers against management harassment.

  National Surface Transportation Policy and Revenue Study Commission 
                                 Report

    On January 17, 2008, the Committee held a hearing to 
receive testimony from members of the National Surface 
Transportation Policy and Revenue Study Commission 
(``Commission'') regarding the Commission's recommendations on 
preserving and enhancing the nation's intermodal surface 
transportation system to meet future mobility, economic and 
quality of life needs. Congress established the Commission by 
section 1909 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users. The Commission 
was tasked with forecasting the surface transportation system 
necessary to support our economy 50 years in the future. The 
12-member Commission met 22 times, including 10 field hearings 
across the country as well as 12 meetings in Washington, DC, to 
hear about the challenges facing America's surface 
transportation network. Throughout this process, the 
Commissioners heard testimony from 293 witnesses representing a 
wide range of perspectives across the broad spectrum of 
stakeholders. Witnesses included national transportation 
advocates, policymakers, industry, labor, and from the general 
public. The Commission outlined its findings and 
recommendations in its report, Transportation for Tomorrow. The 
purpose of the report was to assist Congress as it formulates 
short-, medium-, and long-term strategies necessary to achieve 
these goals, as well as mechanisms to finance the investments 
necessary to meet these goals.
    In the report, the Commission calls for a ``new 
beginning'', and expresses concerns with reauthorizing the 
Federal surface transportation program in its current form. To 
address this concern, the report recommends consolidating the 
more than 100 current federal surface transportation programs 
down to ten focus areas. The ten focus areas are based on a 
desired outcome, as opposed the current modal organization.
    Overall, the report calls for an annual investment level of 
between $225 billion and $340 billion--by all levels of 
government and the private sector--over the next 50 years to 
upgrade all modes of surface transportation, including 
highways, bridges, public transit, freight rail and intercity 
passenger rail. To achieve this level of investment in the 
short term, the Commission calls for raising the motor fuel 
user fees by between 25 and 40 cents per gallon, which the 
report states will be a viable revenue source until 2025. The 
increase would be phased in over a number of years, and would 
be indexed to inflation and construction material costs. The 
Commission also calls for identifying an alternative user fee 
revenue source to be phased in beyond the 2025 timeframe, and 
highlights a vehicle miles traveled-based fee as a possible 
option.
    The Committee received testimony outlining the 
recommendations in the report from the Commissioners that voted 
to support the final report.

 Reviewing the Recommendations of the National Surface Transportation 
                  Policy and Revenue Study Commission

    On February 13, 2008, the Committee held the second of two 
hearings on the Commission report to receive testimony from 
dissenting members of the National Surface Transportation 
Policy and Revenue Study Commission, and discuss their 
objections to the recommendations outlined in the Commission's 
report, Transportation for Tomorrow. The Committee heard from 
the three members of the Commission, including the Chair of the 
Commission, Secretary of Transportation Mary Peters, who did 
not support the report's recommendations. The minority 
witnesses cited the decline in system performance and the 
politicization of investment decisions as today's most pressing 
transportation problems, and recommended using the principle of 
supply and demand to solve them instead.

    Critical Lapses in FAA Safety Oversight of Airlines: Abuses of 
                  Regulatory ``Partnership Programs''

    On April 3, 2008, the Committee held a hearing on critical 
lapses in FAA regulatory oversight: abuses of regulatory 
partnership programs. The hearing was a result of an 
investigation by the O&I Majority staff that revealed major 
systemic problems in FAA regulatory oversight, and the 
development of an overly ``cozy'' relationship between the FAA 
and the airlines it is charged with regulating. Minority staff 
had no role in the conduct of the Committee's investigation of 
this matter and issued a separate Summary of Subject Matter 
memorandum for this hearing. At the time of the hearing, the 
DOT IG had not fully completed his investigation. Therefore, 
Minority staff believed it was premature to reach any 
conclusion about a pattern of regulatory abuse.
    This investigation was stimulated by two FAA inspectors, 
who provided evidence of major violations of Federal Aviation 
Regulations. The evidence documented that the FAA maintenance 
supervisor for Southwest Airlines (``SWA'') knowingly allowed 
the airline to operate aircraft in passenger service in March 
2007, well after the inspection deadlines on mandatory 
Airworthiness Directives (``ADs''). The evidence presented at 
the hearing demonstrated a systematic pattern of failure to 
exercise the required regulatory oversight by the FAA office 
overseeing SWA, and to ensure carrier compliance for years 
prior to this occurrence. It also suggested that FAA senior 
management was aware of these abuses of the regulations for 
nearly a year prior to their disclosure in March 2008 and were 
seeking to cover it up. On March 6, 2008, the FAA notified SWA 
of a $10.2 million civil penalty action because of AD 
violations. Subsequently, SWA grounded an additional 41 planes 
for inspections.
    At the hearing and shortly thereafter, the FAA acknowledged 
significant lapses in oversight, continued the inspection 
crackdown, placed several supervisors on administrative leave, 
and grounded more than 700 aircraft at several major airlines, 
which resulted in thousands of flight cancellations.
    On April 18, 2008, the Secretary announced numerous reforms 
and appointed an Independent Review Team (``IRT'') to evaluate 
the findings of this investigation and to make recommendations 
for FAA reform. On September 2, 2008, the IRT presented their 
report to the Secretary and made 13 recommendations in response 
to the findings of this investigation. The Secretary has 
directed the Acting FAA Administrator to implement these 
recommendations.
    On July 22, 2008, the House passed H.R. 6493, ``The 
Aviation Safety Enhancement Act of 2008'', to specifically 
address many of the issues that were uncovered by the 
Committee's investigation and hearing and the DOT IG's 
recommendations.

                The Clean Water Restoration Act of 2007

    On April 16, 2008, the Committee held a hearing entitled 
``The Clean Water Restoration Act of 2007''. The Committee 
heard from the Environmental Protection Agency, the Department 
of Justice, the Department of Agriculture's Natural Resources 
Conservation Service, representatives of State and local 
governments, environmental, agricultural, and industry 
interests, legal practitioners, and other stakeholders on the 
Clean Water Restoration Act of 2007.
    On May 22, 2007, Chairman James L. Oberstar, Congressmen 
John D. Dingell and Vernon J. Ehlers, and 155 additional 
Members of Congress introduced H.R. 2421, the ``Clean Water 
Restoration Act of 2007''. This legislation amends the Clean 
Water Act by substituting the phrase ``navigable waters'' with 
its existing definition ``waters of the United States'' to 
restore protections over the nation's waters that existed prior 
to two Supreme Court decisions on the jurisdictional reach of 
the Act. The phrase ``waters of the United States'' has been 
part of the Clean Water Act since its enactment in 1972, but 
its commonly-understood meaning has been defined for decades 
through Federal agency regulations.
    Several witnesses testified in support of the Clean Water 
Restoration Act as necessary to restore the comprehensive 
protections provided by the Clean Water Act in meeting its goal 
to ``restore and maintain the chemical, physical, and 
biological integrity of the Nation's waters'' and to restore 
the regulatory certainty for both Federal and State-managed 
Clean Water Act programs that existed for almost three decades 
prior to the two Supreme Court decisions. Other witnesses 
expressed concern with the Clean Water Restoration Act, 
suggesting that the proposed definition of ``waters of the 
United States'' is ambiguous and has the potential for Clean 
Water Act jurisdiction to be interpreted far more broadly than 
was understood in 2001.

                  Financing Infrastructure Investments

    On May 8, 2008, the Committee held a joint hearing with the 
Committee on the Budget to examine methods for financing 
investment in our nation's infrastructure, including roads, 
bridges, public transportation, aviation, ports, waterways, and 
wastewater infrastructure. The Committee on Transportation and 
Infrastructure subsequently held a second hearing on this topic 
on June 10, 2008. Adequate investment in our transportation and 
other public infrastructure is critical to our nation's 
economic growth, our competitiveness in the world marketplace, 
and the quality of life in our communities. Despite the 
importance of these investments, many of our nation's 
infrastructure needs are going unmet. The hearings examined 
various legislative proposals to increase funding for 
infrastructure, including proposals to create a national 
infrastructure bank, as well as the issue of capital budgeting.
    At the May 8, 2008 hearing, the Committees received 
testimony from the Congressional Budget Office (``CBO'') and 
the Government Accountability Office. CBO Director Orszag 
outlined several issues to consider when creating charter 
banks, corporations, or other special-purpose entities to help 
finance investment in infrastructure outside of the annual 
appropriations process. The first issue is governance 
structure, and the trade-off between Federal control on the one 
hand, and budgetary status and budget scoring on the other. The 
more authority that Congress or the Administration has over 
project selection, fund-raising, and other management choices 
of an entity, the more likely the entity is to be considered 
part of the Federal budget, and its spending scored 
accordingly. Conversely, the activities of an entity that is 
essentially independent of Federal control would not be 
recorded in the budget, but such an entity would be subject to 
little if any control over its operations. The second issue to 
consider regarding special-purposes entities is the cost of 
capital. Because Treasury securities are highly liquid and free 
of default risk, any given Federal share of project costs could 
be provided at lower budgetary cost through a program funded by 
appropriations or direct spending, rather than through bonds 
issued by a special entity. In addition, both CBO and GAO 
addressed the issue of capital budgeting, and noted the 
possibility that more limited reform of the current budget 
process might accomplish many of the goals of capital 
budgeting, while being simpler to implement.
    On June 10, 2008, the Committee received testimony from two 
additional panels of witnesses. The first panel consisted of 
Members of Congress who have been leaders in this issue, 
including sponsors of legislation that would create 
``infrastructure bank''-type entities or otherwise increase 
infrastructure investment. The second panel consisted of 
financial and budget experts from the private and non-profit 
sectors who commented on the infrastructure bank proposals, as 
well as the issue of capital budgeting.

 FMCSA's Progress in Improving Medical Oversight of Commercial Drivers

    The National Highway Transportation Safety Administration 
reported in 2007 that approximately 4,000 commercial vehicle 
accidents were caused by driver illness or incapacitation. In 
2001, the National Transportation Safety Board (``NTSB'') made 
eight recommendations to the Federal Motor Carrier Safety 
Administration (``FMCSA'') to improve medical oversight of 
commercial drivers. The recommendations have been on the NTSB's 
``Most Wanted'' list of safety improvements since 2003. The 
Committee investigated the extent to which FMCSA has addressed 
these recommendations. To determine the prevalence of serious 
medical conditions in the commercial driving population, the 
Government Accountability Office matched the database of 
commercial drivers to four Federal disability benefit 
databases. GAO found that more than one-half million of those 
drivers are currently receiving 100 percent medical disability. 
Of the 15 cases that their investigators profiled in detail, 
not one had received a careful evaluation by a medical 
examiner.
    On July 24, 2008, the Committee held a hearing to question 
FMCSA about significant delays in addressing NTSB 
recommendations. All of the recommendations remain open and 
NTSB rates FMCSA's overall response to the recommendations 
``unacceptable''. Committee staff also issued a report on its 
own investigation into the veracity of more than 600 medical 
certificates. We found that in five percent of the sample, the 
medical examiner who ``signed'' the medical certificate 
reported that the certificate was invalid (i.e., forged, 
altered, or otherwise falsified); or staff were unable to 
locate a medical professional with the name, license number, 
and phone number recorded on the certificate. Since the 
Committee's hearing, FMCSA has issued a final rule linking the 
medical certificate to the state commercial licensing process 
and a Notice of Proposed Rulemaking to establish a national 
registry of certified medical examiners who will be qualified 
to conduct the required commercial driver medical exams.

  Hearing on H.R. 6706, the ``Taking Responsible Action for Community 
                              Safety Act''

    On September 9, 2008, the Committee held a hearing to 
discuss H.R. 6707, the ``Taking Responsible Action for 
Community Safety Act''.
    A recently filed merger application by the Canadian 
National Railway (``CN'') has called attention to the need for 
enhancing the authority of the STB. CN is seeking the Board's 
approval to acquire control of the Elgin, Joliet, and Eastern 
Railway Company (``EJ&E''). If the Board approves CN's 
application, the railroad will divert traffic on three of its 
lines running through Chicago, Illinois, onto the EJ&E's main 
line, a 198-mile line that encircles the City of Chicago. CN 
contends that this will lead to faster transit times, better 
service, decreased rail traffic in the City of Chicago, and 
improved flow of rail traffic in the region. However, the 
transaction will also lead to significant increases in rail 
traffic along the EJ&E, posing new risks to the communities 
along that line.
    The primary purpose of H.R. 6707 is to establish that when 
the Surface Transportation Board considers a merger involving a 
Class I railroad and a Class II or III railroad the Board has 
the power to disapprove the merger if the Board finds that the 
adverse environmental effects of the merger outweigh its 
transportation or other benefits. Under current law, the Board 
has the authority to disapprove a merger involving at least two 
Class I carriers if the transaction is not consistent with the 
public interest, but the STB has never disapproved a Class I 
merger on environmental grounds. Some STB staff believe that 
under existing law the Board also has authority to disapprove a 
merger involving a Class II or Class III rail carrier on 
environmental grounds. However, there is a provision in 
existing law indicating that in a merger involving a Class II 
or Class III rail carrier, the Board can only disapprove the 
merger if it would have adverse competitive effects. 
Additionally, it is not clear whether the Board Members share 
the staff's view that they have authority under existing law to 
disapprove a merger involving a Class II or Class III rail 
carrier on environmental grounds. If the Board did take this 
position, there is a substantial possibility that a reviewing 
Court would not accept their interpretation of existing law.
    The Chairman of the STB testified at the hearing that H.R. 
6707 raises ``a legal issue of first impression that has not 
been addressed by the Board or any court.'' The President and 
CEO of CN testified that the legislation would direct the STB 
to mix its competition with its environmental review to the 
effect of impeding important national transportation policy 
concerns. The President of the Village of Barrington testified 
that the STB's treatment of past merger and acquisition 
transactions illustrates that it doubts whether it has the 
authority to reject such transactions on environmental grounds. 
Additionally, the Executive Director of the Northwestern 
Indiana Regional Planning Commission testified that the large 
number of detrimental environmental impacts to the communities 
along the EJ&E line necessitated that the ambiguity of the 
Board's authority to weigh environmental impacts of proposed 
mergers be clarified.

  Effects of Proposed Arrangement Between DHL and UPS on Competition, 
                    Customer Service, and Employment

    On September 16, 2008, the Committee held a hearing to 
examine the effects of the proposed arrangement between DHL and 
UPS on competition, customer service, and employment. DHL 
Express (``DHL'') and the United Parcel Service (``UPS'') are 
competitors in providing air express package delivery service, 
in which packages are generally picked up by trucks, moved by 
air, and then delivered to the ultimate destination by truck. 
Because DHL is a German company, it is restricted from 
operating its own air carrier in the United States. For the 
past few years, DHL contracted with two U.S. air carriers (ABX 
Air and ASTAR) to provide the airlift portion of its service. 
DHL was experiencing severe economic losses and contended that 
it was too costly for it to contract with two separate air 
carriers. Therefore, on May 28, 2008, DHL and UPS announced 
that they intended to enter into an agreement for UPS to 
provide airlift transportation services for DHL's domestic 
express and international package volume in the United States, 
and between the United States, Mexico, and Canada.
    DHL testified that this agreement would be the only way 
that it could continue to maintain its presence in the U.S. 
market due to the economic losses that is has experienced. The 
proposal has drawn attention because DHL is trying to remain a 
competitor with UPS, while also handing over its airlift 
operations to UPS. Moreover, the City of Wilmington, Ohio, 
where DHL's hub is located, was estimated to lose approximately 
10,000 jobs and revenue if this deal is consummated. As of the 
hearing date, DHL and UPS had not consummated an agreement.
    During the hearing, numerous concerns were raised about the 
effects of the proposed agreement on the express delivery 
market, including antitrust and anticompetitive concerns. DHL 
testified that they have no intention of leaving the U.S. 
market and that this agreement would allow them to remain a 
viable competitor. Officials from Ohio, including the Mayor of 
Wilmington, Senator Brown, and the Lt. Governor, ABX, and ASTAR 
all testified that they would be willing to work with DHL and 
its air service providers to find an alternative plan to keep 
DHL's hub in Wilmington and to keep the thousands of jobs in 
the community. Some also contended that the arrangement would 
be the first step to DHL's complete withdrawal from the United 
States.
    On November 10, 2008, DHL announced it was closing its U.S. 
domestic air and ground business.

       National Mediation Board Oversight of Elections for Union 
                             Representation

    On September 24, 2008, the Committee held a hearing on the 
National Mediation Board's (``NMB'') oversight of elections for 
union representation. The NMB is an independent Federal agency 
that administers the specific terms of the Railway Labor Act 
(``RLA'') governing the representation of workers and mediation 
and arbitration of collective bargaining disputes in the rail 
and aviation industries. In an NMB election, a majority of 
workers in a given craft or class eligible to vote in an 
election must participate in an election. The determination of 
the list of who is eligible to vote is therefore a critical 
part of the process. Every employee eligible to vote starts off 
the election as a presumed vote against representation, and 
those who do not vote are counted as votes against the union. 
If a majority of all eligible employees do not vote, it is not 
possible for a union to win the election, even if all employees 
voting choose representation. This process differs from the 
rules applicable to workers in other private industries 
governed by the National Labor Relations Act (``NLRA''), where 
a simple majority of the votes cast determines the outcome of 
the election. Testimony from the three current NMB Members 
provided an overview of the NMB election process and how the 
NMB investigates cases of alleged unlawful interference.
    Patricia Friend, President of the Association of Flight 
Attendants-CWA (``AFA-CWA''), testified about two recent 
organizing campaigns by AFA-CWA at Delta Airlines. In 2001, 
AFA-CWA filed for representation of flight attendants, but the 
election was not certified because less than 50 percent of 
Delta flight attendants participated in the election. AFA-CWA 
filed a motion for a determination of interference by Delta 
management with the NMB, based on allegations that during the 
voting period Delta engaged in an anti-union campaign. The NMB 
investigated but did not find carrier interference. On February 
14, 2008, AFA-CWA again applied for representation of flight 
attendants at Delta Airlines but did not receive 50 percent 
participation. On June 6, 2008, AFA-CWA filed a motion for a 
determination of interference by Delta management with the NMB. 
The NMB had not ruled on the case at the time of the hearing.
    In her testimony, Ms. Friend detailed alleged interference 
by Delta in the 2008 election by harassing, interrogating, and 
placing employees who supported the campaign under 
surveillance, as well as conferring benefits on flight 
attendants during the election. Witnesses also discussed the 
NMB's discretion to interpret and apply its rules during a 
representation election. Ms. Friend questioned whether the NMB 
uniformly enforces its rules with respect to developing the 
list of eligible voters. In particular, the NMB's decisions to 
allow furloughed employees, those who had elected to leave the 
company through an ``early out'' program prior to the election, 
and in one instance, a deceased flight attendant, to remain on 
the list of eligible voters and participate in the election 
were discussed.
    The NMB Chair responded that the Board had followed NMB 
precedent on matters related to the recent organizing campaigns 
by AFA-CWA at Delta Airlines.

           Investing in infrastructure: The Road to Recovery

    On October 29, 2008, the Committee held a hearing to 
examine how infrastructure investment contributes to job 
creation and economic recovery. With almost one million 
construction workers out of work, and the construction industry 
suffering the highest unemployment rate of any industrial 
sector, the hearing was part of a larger effort to develop an 
expanded job creation and economic recovery initiative, which 
would include infrastructure investment as one component. The 
hearing addressed all types of infrastructure within the 
Committee's jurisdiction, including highways, bridges, public 
transportation, rail, aviation, ports, waterways, wastewater 
treatment facilities, and Federal buildings. The Committee 
received testimony from 19 witnesses, representing all areas of 
the country and all types of infrastructure. The witnesses 
ranged from State and local officials, to representatives of 
construction contractors, suppliers, and the Building Trades. 
The witnesses uniformly urged the Committee to provide 
additional funds for infrastructure investment. The witnesses 
testified to the existence of large backlogs of unfunded, 
ready-to-go construction projects that, if funded, could create 
good American jobs and yield lasting benefits in terms of 
improvements to our nation's infrastructure.

         SUMMARY OF ACTIVITIES FOR THE SUBCOMMITTEE ON AVIATION

    During the 110th Congress, the Subcommittee on Aviation, 
chaired by Representative Jerry F. Costello, with 
Representative Thomas Petri serving as Ranking Member, held 28 
hearings (218 witnesses and approximately 89 hours) and nine 
briefings and roundtables, covering the breadth of issues 
within the jurisdiction of the Subcommittee.
    The Committee on Transportation and Infrastructure 
developed major legislation, H.R. 2881, the ``Federal Aviation 
Administration Act of 2007'', to reauthorize the Federal 
Aviation Administration (``FAA'') and provide $66 billion over 
four years for FAA programs. H.R. 2881 passed the House of 
Representatives on September 20, 2007. The Senate did not 
complete action on the legislation.
    The following bills and resolutions were enacted in the 
110th Congress:
          Public Law 110-135, the Fair Treatment for 
        Experienced Pilots Act,
          Public Law 110-190, the Airport and Airway Extension 
        Act of 2008,
          Public Law 110-253, the Federal Aviation 
        Administration Extension Act of 2008,
          Public Law 110-330, the FAA Extension Act of 2008, 
        Part II,
          Public Law 110-405, the Air Carriage of International 
        Mail Act,
          Public Law 110-337, to amend title 49, United States 
        Code, to expand passenger fee eligibility for certain 
        noise compatibility projects,
          H. Res. 444, supporting the goals and ideals of 
        National Aviation Maintenance Technician Day, honoring 
        the invaluable contributions of Charles Edward Taylor, 
        regarded as the father of aviation maintenance 
        technicians in ensuring the safety and security of 
        civil and military aircraft, and
          H. Res. 661, honoring the accomplishments of 
        Barrington Antonio Irving, the youngest pilot and first 
        person of African descent ever to fly solo around the 
        world.
    Other bills that passed the House include:
          H.R. 2881, the ``Federal Aviation Administration Act 
        of 2007'',
          H.R. 6493, the ``Aviation Safety Enhancement Act of 
        2008'',
          H.R. 3540, the ``Federal Aviation Administration 
        Extension Act of 2007'',
          S. 2265, to extend the existing provisions regarding 
        the eligibility for essential air service subsidies 
        through fiscal year 2008, and for other purposes, and
          H.R. 1333, to amend the Homeland Security Act of 2002 
        to direct the Secretary to enter into an agreement with 
        the Secretary of the Air Force to use Civil Air Patrol 
        Personnel and resources to support homeland security 
        missions.
    Finally, on September 28, 2008, the Committee reported H.R. 
5788, the ``Halting Airplane Noise to Give Us Peace Act of 
2008'', favorably to the House. No further action was taken on 
the legislation.

                   Public Laws and House Resolutions

               FAIR TREATMENT FOR EXPERIENCED PILOTS ACT

                           Public Law 110-135

                              (H.R. 4343)

                           December 13, 2007

    The Fair Treatment for Experienced Pilots Act (P.L. 110-
135) changes FAA regulations that require pilots to retire at 
age 60. The law allows pilots to serve in a multi-crew part 121 
operation until age 65. On international flights, pilots over 
the age of 60 may pilot the plane only if there is another 
pilot in the flight deck crew who is under age 60, in 
accordance with current International Civil Aviation 
Organization (``ICAO'') standards.
    This law does not apply to any person who has attained 60 
years of age before the date of enactment of this section 
unless the person was, on the date of enactment, a required 
flight crew member (i.e., a pilot, co-pilot, or flight 
engineer) or such person was hired by an air carrier as a pilot 
on or after enactment date without credit for prior seniority 
or benefits under any labor agreement or employment policies of 
the air carrier. In addition, the law requires pilots over the 
age of 60 to: (1) have a first-class medical certificate 
renewed every six months; (2) continue to participate in FAA 
pilot training and qualification programs administered by the 
air carrier to ensure continued acceptable levels of pilot 
skill and judgment; and (3) be administered a line check every 
six months. However, for pilots serving as second in command, 
if he or she received and passed a simulator check during that 
same six-month period, a line check during that period need not 
be conducted. Moreover, the law requires the Government 
Accountability Office (``GAO'') to provide a report to 
congressional committees of jurisdiction concerning the effect, 
if any, on aviation safety because of the change in pilot age 
standards.

                Airport and Airway Extension Act of 2008

                           Public Law 110-190

                              (H.R. 5270)

                           February 28, 2008

    The previous long-term FAA reauthorization act, Vision 
100--Century of Aviation Reauthorization Act (P.L. 108-76), 
expired on September 30, 2007. On September 20, 2007, the House 
passed H.R. 2881, the ``FAA Reauthorization Act of 2007'', to 
reauthorize FAA programs for FY 2008-FY 2011. Given that the 
Senate did not complete action on the legislation, a short-term 
extension was necessary. Initially, aviation program funding, 
aviation excise taxes, and the FAA's authority to make 
expenditures from the Airport and Airway Trust Fund (``Aviation 
Trust Fund'') were extended from October 1, 2007, through 
December 31, 2007, by a series of continuing appropriations 
resolutions. See P.L. 110-92, P.L. 110-116, P.L. 110-137, and 
P.L. 110-149. The FY 2008 Consolidated Appropriations Act (P.L. 
110-161) further extended the aviation taxes and the Aviation 
Trust Fund expenditure authority through February 29, 2008, and 
provided funding for most FAA programs through the remainder of 
FY 2008. However, the FY 2008 Consolidated Appropriations Act 
did not extend the FAA's Airport Improvement Program (``AIP'').
    P.L. 110-190 extends aviation programs and taxes for four 
months, from February 29, 2008, through June 30, 2008. It 
provides extensions of: (1) contract and expenditure authority 
from the Aviation Trust Fund for the AIP; and (2) aviation 
excise and fuel taxes. To allow aviation programs to continue 
under the same terms and conditions as were in effect during 
the previous authorization period, the law extends several 
other provisions of Vision 100, including the government share 
of AIP costs; and provisions relating to eligibility for 
essential air service (``EAS'') compensation.

                       FAA Extension Act of 2008

                           Public Law 110-253

                              (H.R. 6327)

                             June 30, 2008

    The FAA Extension Act of 2008 (P.L. 110-253) extends 
aviation programs and taxes for three months, from June 30, 
2008, through September 30, 2008. It provides extensions of: 
(1) contract and expenditure authority from the Aviation Trust 
Fund for the AIP; (2) aviation excise and fuel taxes; and (3) 
passenger facility charge (``PFC'') authority. DOT insurance 
coverage for domestic and foreign air carriers is also extended 
through November 30, 2008. The law extends through March 31, 
2009, air carrier liability limits for third-party damages 
resulting from acts of terrorism. To allow aviation programs to 
continue under the same terms and conditions as were in effect 
during the previous authorization period, the law also extends 
several other provisions of Vision 100.

                   FAA Extension Act of 2008, Part II

                           Public Law 110-330

                              (H.R. 6984)

                           September 30, 2008

    The FAA Extension Act of 2008, Part II (P.L. 110-330) 
extends aviation programs and taxes for six months, from 
September 30, 2008, through March 31, 2009. It provides 
extensions of: (1) contract and expenditure authority from the 
Aviation Trust Fund for the AIP; (2) the authorization of 
appropriations for FAA operations, facilities and equipment 
(``F&E''), and research, engineering, and development 
(``RE&D''); (3) aviation excise and fuel taxes; and (4) the 
small community air service development (``SCASD'') program. 
DOT insurance coverage for domestic and foreign air carriers is 
also extended through March 31, 2009. The law extends through 
May 31, 2009, air carrier liability limits for third-party 
damages resulting from acts of terrorism. To allow aviation 
programs to continue under the same terms and conditions as 
were in effect during the previous authorization period, the 
law also extends several other provisions of Vision 100.

                 Air Carriage of International Mail Act

                           Public Law 110-405

                               (S. 3536)

                            October 13, 2008

    The Air Carriage of International Mail Act (P.L. 110-405) 
allows the U.S. Postal Service to contract with certificated 
air carriers to transport international mail overseas. The 
contract can be awarded to any foreign points that the 
Secretary of Transportation (``Secretary'') has authorized the 
carrier to serve.

To Amend Title 49, United States Code, To Expand Passenger Facility Fee 
          Eligibility for Certain Noise Compatibility Projects

                           Public Law 110-337

                                (S. 996)

                            October 2, 2008

    Public Law 110-337 allows a passenger facility fee that is 
levied at a large hub airport to be used to carry out noise 
mitigation for certain school buildings in a noise impacted 
area surrounding an airport, in certain circumstances. It 
enables new construction of a school if sound insulation and 
other retrofitting of an existing building do not provide 
meaningful noise relief. The law defines eligible project costs 
for any new construction as limited to the difference in cost 
between constructing to ordinary building code standards for 
schools and the cost of incorporating noise mitigation features 
in the construction.

   Supporting the Goals and Ideals of National Aviation Maintenance 
Technician Day, Honoring the Invaluable Contributions of Charles Edward 
Taylor, Regarded as the Father of Aviation Maintenance, and Recognizing 
the Essential Role of Aviation Maintenance Technicians in Ensuring the 
           Safety and Security of Civil and Military Aircraft

                             (H. Res. 444)

                             April 30, 2008

    H. Res. 444 recognizes the House of Representatives' 
support for a National Aviation Maintenance Technician Day to 
honor the professional men and women who ensure the safety and 
security of airborne aviation infrastructure and honors Charles 
Edward Taylor, the first aviation maintenance technician who 
built and maintained the engine used to power the Wright 
brothers' aircraft on December 17, 1903. This resolution 
celebrates the life and achievements of one of the fathers of 
aviation while also recognizing the indispensable role that 
aviation maintenance technicians play by ensuring the safety of 
civil and military aircraft and infrastructure and the American 
people.

Honoring the Accomplishments of Barrington Antonio Irving, the Youngest 
 Pilot and First Person of African Descent Ever to Fly Solo Around the 
                                 World

                             (H. Res. 661)

                           December 11, 2007

    H. Res. 661 honors Barrington Irving, the youngest pilot 
(at age 23) and first African-American to fly solo around the 
world. Captain Irving was also founder of a nonprofit 
organization that inspires youth and minorities to pursue 
careers in aviation and aerospace. As such, this resolution 
encourages aviation-related museums throughout the United 
States to commemorate his historic accomplishments.

                           Other Legislation


      Federal Aviation Administration Reauthorization Act of 2007


                              (H.R. 2881)


                 Passed the House on September 20, 2007

    H.R. 2881, the ``Federal Aviation Administration 
Reauthorization Act of 2007'', provides $66 billion over four 
years for the FAA and reauthorizes FAA programs through FY 
2011. The bill authorizes $37.2 billion over four years for FAA 
operations, including $570 million to hire additional safety 
inspectors; $15.8 billion over four years for the AIP, which 
provides grants for projects at airports; and $13 billion over 
four years for FAA facilities and equipment. The bill provides 
for a modest increase in the general aviation jet fuel tax rate 
from 21.8 cents per gallon to 35.9 cents per gallon; and 
increases the aviation gasoline tax rate from 19.3 cents per 
gallon to 24.1 cents per gallon to provide for the robust 
capital funding required to modernize the Air Traffic Control 
(``ATC'') system and to stabilize and strengthen the Aviation 
Trust Fund. Moreover, the bill increases the passenger facility 
charge cap to $7.00 from $4.50 to combat inflation and to help 
airports meet increased capital needs.
    H.R. 2881 authorizes increased funding for the EAS program, 
and also extends the SCASD program through FY 2011, at the 
current authorized funding level of $35 million per year, and 
makes an additional $9 million per year available from 
overflight fees beginning in FY 2009. H.R. 2881 contains 
several environmental-related provisions: a phase-out of stage 
2 aircraft over the next five years; a pilot program for 
developing, maturing, and certifying continuous lower energy, 
emissions and noise engine and airframe technology, and a 
program to fund six projects at public-use airports to apply 
promising environmental research concepts in the actual airport 
environment. The bill also requires airlines and airports to 
develop contingency plans for passengers who experience long 
delays.
    The bill authorizes $42 million for runway incursion 
reduction programs and $74 million for runway status light 
acquisition and installation and requires FAA to develop a plan 
to install and deploy systems to alert controllers or flight 
crews to potential runway incursions. The bill also requires 
safety inspections of foreign repair stations at least twice a 
year.
    The bill mandates that, if the FAA and one of its 
bargaining units do not reach agreement, the services of the 
Federal Mediation and Conciliation Service shall be used or the 
parties may agree to an alternative dispute resolution 
procedure. This requirement applies to the new dispute 
resolution process to the ongoing dispute between the National 
Air Traffic Controllers Association (``NATCA'') and the FAA. 
The bill also voids all changes to the NATCA labor agreement 
implemented by the FAA in 2006 and provides back pay to air 
traffic controllers.

                Aviation Safety Enhancement Act of 2008


                              (H.R. 6493)


                   Passed the House on July 22, 2008

    H.R. 6493, the ``Aviation Safety Enhancement Act of 2008'', 
addresses issues raised by FAA whistleblowers and others at the 
April 3, 2008 Full Committee hearing on ``Critical Lapses in 
FAA Safety Oversight of Airlines: Abuses of Regulatory 
`Partnership Programs' ''. The bill creates an independent 
Aviation Safety Whistleblower Investigation Office within the 
FAA, charged with receiving safety complaints and information 
submitted by both FAA employees and employees of certificated 
entities, investigating the complaints, and then recommending 
appropriate corrective actions to the FAA. It directs the FAA 
to modify its customer service initiative, mission and vision 
statements, and other statements of policy to remove references 
to air carriers or other entities regulated by the FAA as 
``customers'', to clarify that in regulating safety the only 
customers of the agency are individuals traveling on aircraft, 
and to clarify that the air carriers and other entities 
regulated by the FAA do not have the right to select the FAA 
employees who will inspect their operations.
    The legislation also establishes a two-year ``post-
service'', cooling-off period for FAA inspectors or persons 
responsible for FAA inspector oversight before they can act as 
agents or representatives before the agency of a certificate 
holder that they oversaw during their service with the FAA. 
Further, it requires the FAA to rotate principle maintenance 
inspectors between airline oversight offices every five years.
    The legislation requires the FAA to implement monthly 
reviews of the Air Transportation Oversight System database to 
ensure that trends in regulatory compliance are identified and 
appropriate corrective actions are taken in accordance with 
agency regulations.

         Federal Aviation Administration Extension Act of 2007


                              (H.R. 3540)


                 Passed the House on September 24, 2007

    The bill extended the authorization for aviation programs 
and taxes through December 31, 2007. As such, the expenditure 
authority for the Aviation Trust Fund would be extended through 
December 31, 2007. H.R. 3540 also extended the AIP contract 
authority for three months. The bill allows the Secretary to 
limit the third-party liability of airlines and aircraft 
manufacturers for any cause resulting from a terrorist event. 
The bill was not considered in the Senate. Provisions of H.R. 
3540 extending both the AIP program and tax authority from July 
1, 2008, through September 30, 2008, were included in H.R. 6327 
(P.L. 110-253).

    To Extend the Existing Provisions Regarding the Eligibility for 
Essential Air Service Subsidies Through Fiscal Year 2008, and for Other 
                                Purposes


                               (S. 2265)


           Passed the House, as amended, on November 6, 2007

    S. 2265, as passed by the Senate, extended to September 30, 
2008, a single provision of Vision 100, regarding the EAS 
program. The House amended the bill to extend the authorization 
and appropriations for each of the FAA's major programs--
operations, F&E, and RE&D--in addition to the EAS program to 
December 31, 2007. The legislation directs the Secretary to use 
the most commonly used route, rather than the shortest route, 
when measuring the distance of communities to the nearest hub 
airport to determine eligibility for the EAS program. The bill 
does not provide additional funding for the EAS program; it 
allows communities that are currently participating in the 
program to continue to do so for FY 2008 at existing funding 
levels.
    The legislation also extended until December 31, 2007, the 
Secretary's authority to limit the liability exposure of 
airlines and aircraft manufacturers for any terrorist-related 
event. S. 2265, as amended and passed by the House, was not 
considered in the Senate.

         Civil Air Patrol Homeland Security Support Act of 2007


                              (H.R. 1333)


             Passed the House, as amended, on June 16, 2008

    The legislation amends the Homeland Security Act of 2002 to 
direct the Secretary of Homeland Security to enter into an 
agreement with the Secretary of the Air Force to use Civil Air 
Patrol Personnel and resources to support homeland security 
missions. The Comptroller General will conduct a study of the 
functions and capabilities of the Civil Air Patrol to support 
homeland security missions of State and Federal entities, 
including aerial reconnaissance or communications, search and 
rescue operations, evacuations, and time-sensitive medical 
attention.

          Halting Airplane Noise To Give Us Peace Act of 2008


                              (H.R. 5788)


         Reported Favorably to the House on September 28, 2008

    The legislation prohibits the use of cell phones during 
commercial flights to allow for a safe, secure, and peaceful 
environment on airplanes. The bill exempts law enforcement 
officers from the cell phone prohibition. Furthermore, it 
allows the Secretary flexibility as to whether a waiver of the 
ban should be granted to a foreign carrier.

                                Hearings

    During the 110th Congress, the Subcommittee on Aviation 
held 28 hearings and nine Member briefings and roundtables.

     The President's FY 2008 Federal Aviation Administration Budget

    On February 14, 2007, the Subcommittee held a hearing to 
consider the Administration's FY 2008 budget request for the 
FAA. The Administration's request provided approximately $14 
billion in FY 2008, approximately $413 million less than the 
estimated FY 2007 funding level provided by H.J. Res. 20 (the 
House-passed continuing resolution). Under current law, the 
FAA's budget is broken down into four programs: operations, 
F&E, AIP, and RE&D (the Science Committee has jurisdiction over 
the RE&D program).
    Under the Administration's proposal, the FAA's financing 
sources shift from a mix of fuel taxes, other excise taxes, and 
a general fund contribution to user fees, fuel taxes, and a 
general fund contribution. The Administration's data indicated 
that in FY 2008, user fees and excise taxes under the new 
proposal would hypothetically yield approximately $600 million 
less in FY 2008 than maintaining the current tax structure; and 
over $900 million less from FY 2009 to FY 2012. The FAA 
testified that the new financing structure would be better 
suited to create a businesslike model for financing and would 
create a more equitable system for all users; and maintained 
that the budget would allow the FAA to reach its goals for the 
Next Generation Air Transportation System (``NextGen''). The 
Department of Transportation Inspector General (``DOT IG'') 
testified that the FAA cannot achieve its goal of 
technologically transforming the National Airspace System 
(``NAS'') with a $2.5 billion (or less) F&E budget--that number 
would only sustain the existing system, not fund new 
initiatives.
    The Administration's proposal also cut the AIP to $2.75 
billion, which is $950 million less than the FY 2007 level 
authorized by Vision 100; and reduce the EAS program to $50 
million, which would cut the number of communities that receive 
funding by almost half. In addition, the DOT IG testified that 
the FAA's Controller Workforce plan lacked facility-level 
staffing standards and associated costs of implementation. The 
Subcommittee also examined the FAA's budget for safety 
inspector staffing levels and found that the FAA may not have 
an accurate assessment of its staffing needs.

 The Administration's Federal Aviation Administration Reauthorization 
                                Proposal

    The Subcommittee held a series of hearings in March 2007 
regarding the FAA's reauthorization proposal. On March 14, the 
Subcommittee held its first hearing on the subject, followed by 
hearings on March 21 on the FAA's Financing Proposal, March 22 
on the FAA Operational and Safety Programs, and March 28 on the 
FAA's AIP.
    The Administration's FAA reauthorization proposal, the 
``Next Generation Air Transportation Financing Reform Act of 
2007'', is a three-year authorization with an estimated cost of 
approximately $44.766 billion. Most of the FAA's funding is 
currently derived from the Aviation Trust Fund. The FAA's 
proposal makes significant changes to the current Aviation 
Trust Fund tax structure by eliminating a number of excise 
taxes, increasing fuel taxes, and decreasing the International 
Arrival/Departure tax.
    Under the FAA's proposal, most of the FAA's revenue comes 
from new cost-based user fees. In proposing a cost-based user 
fee, the FAA maintains it will better align its costs or 
services with its revenues, and would operate in a more 
efficient, business-like manner. In addition, the FAA stated 
that its fees would be more equitable to airspace users because 
users would be charged based on the costs that they impose on 
the system. The proposal was roundly criticized at the hearing.
    At the March 22, 2007 hearing, GAO testified that, as the 
NAS becomes increasingly crowded, it is a crucial time to 
examine the FAA's plans for NextGen in the context of improving 
the operation and safety of the NAS. GAO testified that as FAA 
begins to implement NextGen, it needs to focus on coordination 
with Joint Planning and Development Office (``JPDO'') and 
ensure that the FAA has the proper expertise to oversee the 
project. A major challenge that was highlighted was the 
transition costs to implement NextGen. GAO also noted that the 
FAA needs to improve its safety data. Employee representatives, 
who testified at the hearing, stressed the importance of the 
Safety Management Systems (``SMS'') to increase safety in the 
NAS through a partnership of the FAA, industry, and employee 
organizations. The FAA testified that it was moving toward 
creating regulatory requirements for SMS implementation. The 
Professional Airways Systems Specialists testified that the 
FAA's plan does not address the need for more aviation safety 
inspectors, which are necessary to increase the FAA's oversight 
of maintenance outsourcing. NATCA testified to the need for 
more controllers to help increase capacity and safety in the 
NAS; and was critical of the FAA's budget for controller 
staffing. In addition, NATCA stressed the need for greater 
input from controllers in shaping the future ATC modernization.
    The FAA proposed $8.7 billion from FY 2008 to FY 2010 for 
the AIP, which is $1.8 billion less than the program received 
in the previous three-year period. At the March 28, 2007 
hearing, airports testified to their needs for capital for 
projects like new runways and runway extensions to increase 
capacity. FAA officials contended that decreased AIP 
entitlements coupled with a PFC increase (from $4.50 to $6.00) 
would provide the FAA and airports with more capital and 
flexibility to target investments and meet airport capital 
needs. In addition to raising the PFC cap, the FAA's proposal 
expands the types of projects for which PFCs can be used to 
encompass any airport capital project that is eligible to be 
funded with airport revenue, provided that the project is not 
anticompetitive.

   The Federal Aviation Administration's Oversight of Outsourced Air 
                          Carrier Maintenance

    On March 29, 2007, the Subcommittee held a hearing to 
review the FAA's oversight of outsourced air carrier 
maintenance. To stay competitive and avoid bankruptcy, or 
recover from bankruptcy in the post-September 11th era, many of 
the airline industry's legacy air carriers have closed their 
own maintenance bases and have increased their use of outside 
maintenance companies to perform critical long-term 
maintenance, including: airframe repairs, aging aircraft 
modifications, engine overhauls, and advanced avionics 
maintenance. In addition, repair stations provide specialized 
maintenance expertise and equipment in areas such as engine 
repairs that air carriers do not have in-house. Currently, 
there are approximately 4,231 domestic and 697 foreign FAA-
certificated repair stations. Whether maintenance is performed 
by the air carriers or organizations they contract with, the 
air carriers are responsible for maintaining oversight and 
ensuring the quality and safety of the maintenance performed on 
their aircraft. It is the FAA's responsibility to ensure that 
the air carriers are conducting their oversight effectively.
    The DOT IG, who testified at the hearing, made several 
recommendations to improve the FAA's oversight of air carrier 
maintenance, including that the FAA must determine trends in 
air carriers' use of repair stations; find out which repair 
stations air carriers are using to perform maintenance; perform 
more detailed reviews of those facilities that air carriers use 
the most; and take steps to ensure foreign authorities are 
following FAA standards in conducting inspections. In addition, 
the DOT IG found that air carriers also use so-called non-
certificated repair facilities. While these non-certificated 
facilities have been used for years for minor maintenance, the 
DOT IG found that these facilities are performing work that is 
critical to the airworthiness of an aircraft but without the 
same oversight and regulatory requirements as certificated 
repair facilities. The FAA testified that it has responded to 
several of the DOT IG's recommendations and will continue to 
increase its oversight of all repair stations.

                        Aviation Consumer Issues

    On April 20, 2007, the Subcommittee held a hearing on 
aviation consumer issues. In 2006, 740 million passengers flew 
in the United States, with flight arrival delays increasing 
with the growing traffic. Because of increased flight delays 
and two highly publicized events (on December 29, 2006, and 
February 14, 2007) where passengers were stranded on aircraft 
for hours without adequate food, water and amenities, there 
have been calls for increased airline customer service 
oversight.
    The DOT Office of the Assistant General Counsel for 
Aviation Enforcement and Proceedings (``OAEP'') is responsible 
for enforcing air travel consumer protection requirements, 
protecting against unfair and deceptive practices, and unfair 
methods of competition in air transportation. According to 
OAEP, DOT received 8,321 air travel complaints in 2006.
    In November 2006, the DOT IG released a report finding that 
airlines need to resume efforts to self-audit their customer 
service plans, emphasize the importance of providing timely and 
adequate flight information, train personnel who assist 
passengers with disabilities, provide transparent reporting on 
frequent flyer award redemptions, and improve the handling of 
bumped passengers. In addition to airlines implementing better 
contingency planning, the DOT IG recommended that the DOT's 
OAEP improve its oversight of air traveler consumer protection 
requirements and that DOT strengthen its oversight and 
enforcement of air traveler consumer protection rules.
    The air carrier industry, including the CEO of JetBlue, 
testified at the hearing that they were improving their 
policies for passengers.

     Essential Air Service Program and Small Community Air Service 
                          Development Program

    On April 25, 2007, the Subcommittee held a hearing 
regarding the EAS and SCASD programs, and what changes, if any, 
should be made to these programs in the FAA reauthorization 
bill. In 1978, believing that market competition among airlines 
would improve service and lower fares for the traveling public, 
Congress passed the Airline Deregulation Act of 1978. However, 
many small- and medium-sized communities have struggled to 
obtain and retain commercial air passenger service, because 
they often lack the population base and economic activity to 
generate the passenger traffic necessary to make air service 
consistently profitable. To address these problems, the EAS 
program was established, as part of deregulation, and the SCASD 
program was created in the 106th Congress to address additional 
concerns. The highest number of communities in the EAS program 
was 405 in 1980. As of April 1, 2007, DOT was subsidizing 
service at 145 communities (41 in Alaska and 104 elsewhere in 
the United States).
    At the hearing, several Members of Congress testified in 
support of the EAS and SCASD programs. GAO reported that many 
small communities would not have service if EAS subsidies were 
discontinued and that the number of air carriers flying 
suitable aircraft for EAS communities may decrease. DOT 
testified that once a community receives subsidized air service 
it is rare for an air carrier to offer unsubsidized air 
service. The Regional Airline Association and several small 
airports stated their concerns regarding the current EAS/SCASD 
programs and ways to improve them.

       The Future of Air Traffic Control (``ATC'') Modernization

    On May 9, 2007, the Subcommittee held a hearing to consider 
the future of ATC modernization. The present-day NAS consists 
of a network of en route airways, much like an interstate 
highway grid in the sky, interconnected by ground-based 
navigation facilities that emit directional signals that 
aircraft track. Limits on the transmission distances of these 
signals prevent aircraft from flying direct routes on long-
distance flights and limit the utilization of airspace to 
predefined routes where aircraft can reliably transition from 
one navigational signal to the next. The DOT predicts up to a 
tripling of passengers, operations, and cargo by 2025. Congress 
created the JPDO in Vision 100 and tasked it with developing 
NextGen to meet anticipated traffic demands. The NextGen plan 
that is under development will consist of new concepts and 
capabilities for air traffic management and communications, 
navigations and surveillance that rely on satellite-based 
capabilities; data communications; shared and distributed 
information technology architectures that will support 
strategic decisions; and enhanced automation.
    The FAA and JPDO testified to the status of NextGen's 
various planning and concept documents. GAO and the DOT IG 
discussed concerns regarding technical and contract management 
skills at FAA and JPDO's ability to involve key stakeholders in 
the planning efforts. FAA's Federally Funded Research and 
Development Center, MITRE, discussed the need to have the 
entire aviation community involved in the implementation 
because of the changes needed in aircraft as well as air 
traffic systems together with procedures and airspace changes. 
The manufacturing industry shared concerns that the FAA and 
JPDO need to be more aggressive in taking advantage of near-
term solutions and be provided with enough resources to create 
the regulations, policies and certification approvals needed. 
Employee representatives reiterated the need to be included in 
the process because they will need to operate the system.

The National Transportation Safety Board's Most Wanted Aviation Safety 
                              Improvements

    On June 6, 2007, the Subcommittee held a hearing regarding 
the National Transportation Safety Board's Most Wanted Aviation 
Safety Improvements. Since 1990, the National Transportation 
Safety Board (``NTSB'') has issued a list of its Most Wanted 
Safety Improvements (``Most Wanted'') to focus attention on 
safety issues that the NTSB believes will have the greatest 
impact on transportation safety. For 2007, the NTSB identified 
the following issues as its Most Wanted for aviation: aircraft 
icing; fuel tank flammability; runway incursions; improved 
audio and data recorders; fatigue; and part 135 crew resource 
management. The NTSB noted that FAA's response to most of these 
recommendations has been unacceptable because the agency either 
was not responsive to its recommendation or its progress was 
too slow. The FAA testified that it had issued airworthiness 
directives for many of safety recommendations or had initiated 
rulemaking projects; and it was still conducting research on 
some of the issues.

  FAA's Oversight of Falsified Airman Medical Certificate Applications

    On July 17, 2007, the Subcommittee held a hearing on the 
FAA's oversight of falsified airman medical certificate 
applications, per an investigation by the Oversight and 
Investigations (``O&I'') staff. In 2005, the DOT IG found 
thousands of cases of airmen holding current Airman Medical 
Certificates, while simultaneously collecting full medical 
disability pay from the Social Security Administration for 
debilitating medical conditions. These conditions included 
heart disease, schizophrenia, and seizure disorders. Airmen did 
not disclose these conditions to the FAA when applying for 
their certificates. The DOT IG recommended that the FAA 
periodically compare certificates to the databases of agencies 
providing disability benefits and take administrative actions 
when false statements are identified.
    During the hearing, the FAA committed to establishing a 
process to determine if false statements are being made. The 
Committee requested that the DOT IG report on the status of the 
FAA's efforts to conduct this match as well as to report on the 
security of data contained in the Airman database. The FAA has 
subsequently revised its medical certificate application to 
inform pilots that information submitted as part of the 
application process may be shared with third parties. The 
application also now asks applicants to disclose whether they 
are receiving disability benefits for any medical conditions. 
The FAA is not planning to implement a data matching program 
until issues raised in a lawsuit resulting from the DOT IG's 
investigation are resolved.

                  Aging Air Traffic Control Facilities

    On July 24, 2007, the Subcommittee held a hearing on aging 
ATC facilities, per an investigation by the O&I staff. By the 
FAA's own admission, terminal radar approach control centers, 
towers, and en-route ATC facilities are, on average, relatively 
old, and are in ``fair to poor'' condition using GSA Facility 
Condition Index criteria. Data collected indicates that 
numerous buildings have severe maintenance problems; and FAA 
employee reports of health-related problems due to facility 
conditions are becoming more numerous.
    In the course of this investigation, FAA managers 
acknowledged that the FAA has a substantial maintenance backlog 
of between $250 and $350 million for repairs at hundreds of 
facilities. Yet, the FAA's annual budget for facility 
maintenance and improvement for FY 2006 and FY 2007 was less 
than $60 million in each year. As a result of this 
investigation, the FAA immediately began a number of 
rehabilitation projects and reallocated more money for facility 
repair.
    H.R. 2881 includes a historic funding level of $13 billion 
for FAA F&E, which would enable the FAA to make needed repairs 
and replacement of existing facilities and equipment. In 
addition, the bill requires the FAA to establish a task force 
on ATC facility conditions. At the request of Chairman 
Costello, the DOT IG is completing a comprehensive audit of FAA 
management and maintenance of ATC facilities.

                   Airline Delays and Consumer Issues

    On September 26, 2007, the Subcommittee held a hearing 
regarding airline delays and consumer service. The first half 
of 2007 was the worst for airline delays since the DOT Bureau 
of Transportation Statistics (``BTS'') started keeping 
comprehensive statistics 13 years ago. Long, on-board tarmac 
delays increased by almost 49 percent from 2006 and delays of 
five hours or more increased 200 percent. The hearing reviewed 
industry trends that contribute to delays, scheduling, capacity 
benchmarks and delay reduction actions, infrastructure 
(runways, air traffic control, and airspace), and consumer 
protections.
    The FAA and DOT discussed NextGen as a solution to delays 
including the Northeast Airspace Redesign and Florida Airspace 
Optimization projects, as well as Required Navigation 
Performance, which allows more precise routes for take-offs and 
landings. The DOT IG testified regarding the report it 
submitted on September 25, 2007, entitled ``Actions Needed to 
Minimize Long, On-Board Flight Delays'', which focuses on the 
need for emergency contingency plans for airports and airlines 
as well as additional DOT recordkeeping on delays and 
reconvening a task force to deal with lengthy delays. MITRE 
discussed some of the over-scheduling that is occurring at the 
busiest airports. Airlines and airports reported what they were 
doing to mitigate delays and consumer discomfort in the event 
of delays. Employee representatives testified that over-
scheduling and a decrease of air traffic controllers is to 
blame for delays. Consumer groups discussed the need for 
emergency plans at airlines and airports and better consumer 
services.

 The Transition From FAA to Contractor-Operated Flight Service Stations

    On October 10, 2007, the Subcommittee held a hearing on the 
transition from the FAA to contractor-operated flight service 
stations (``FSS''), per an investigation by O&I staff. On 
February 1, 2005, the FAA awarded Lockheed Martin a five-year, 
fixed-price contract (with five additional option years) to 
operate and modernize the FSS system that provides weather 
information and flight plan filing services to pilots on the 
ground and in the air. The contract is worth about $1.8 billion 
and represents one of the largest non-defense outsourcing of 
services of the Federal Government. The FAA estimates that by 
contracting out FSS, it will save between approximately $1.7 
billion and $2.2 billion over the ten-year life of the 
agreement.
    The first phase of the FSS transition to Lockheed Martin 
ran smoothly. However, in 2007, Lockheed Martin launched an 
aggressive implementation plan, declaring its three hub 
locations operational and consolidating other FSS locations at 
a rate of three facilities per week. Within days, service to 
pilots deteriorated dramatically. As a result of the 
investigation, the FAA has significantly tightened management 
oversight of the contractor. Substantial monetary performance 
penalties on the contractor have been assessed, and the 
performance of FSS services began to slowly improve. By the 
summer of 2008 (the period of highest demand), FSS services had 
steadily improved, and the contractor was meeting all FAA-
defined performance objectives. However, high fuel prices 
contributed to less overall demand for FSS services.

NextGen: The FAA's Automatic Dependent Surveillance--Broadcast (ADS-B) 
                                Contract

    On October 17, 2007, the Subcommittee held a hearing to 
consider the FAA's Automatic Dependent Surveillance Broadcast 
(``ADS-B'') contract. In the United States, ATC surveillance 
and aircraft separation services are provided by the use of 
primary and secondary surveillance radar systems, and air 
traffic controllers who are directly responsible for ensuring 
adequate separation between aircraft receiving radar services. 
While radar technology has advanced over the last several 
decades, it has limitations. ADS-B is the FAA's flagship 
program to transition to satellite-based surveillance. For the 
last few years, the FAA has tested and demonstrated ADS-B in 
Alaska (the ``Capstone Program'') and the Ohio River Valley 
(``Safe Flight 21''), and it signed a Memorandum of Agreement 
with the Helicopter Association International, helicopter 
operators and oil and gas platform owners in the Gulf of 
Mexico, to facilitate ADS-B implementation in the Gulf. The FAA 
awarded a service contract to begin nationwide deployment of 
ADS-B and published a proposed rulemaking mandating that 
aircraft operating in certain classes of airspace equip with 
ADS-B avionics by 2020.
    The DOT IG testified at the hearing that realistic 
expectations of ADS-B benefits must be set and understood, ADS-
B must demonstrate the same level of service that radar now 
provides before advanced capabilities are attempted such as 
reducing distances between aircraft in congested airspace, and 
the FAA must execute controls of the service contract for ADS-B 
to keep cost overruns to a minimum and implementation on 
schedule. MITRE discussed the benefits of ADS-B are dependent 
on achieving appropriate ground automation system upgrades, 
avionics equipage rates, and operational procedure development. 
Employee representatives testified to their concern that ADS-B 
be appropriately certified as safe before it is used in the 
NAS.

                  Aviation and the Environment: Noise

    On October 24, 2007, the Subcommittee held a hearing to 
receive testimony regarding airport noise issues. Over the last 
20 years, air travel in the United States has grown faster than 
any other mode of transportation. Although the United States 
has made some progress in building runways to add capacity, we 
still face obstacles in trying to expand our airport capacity 
through infrastructure improvements. One obstacle is aircraft 
noise, or the shifting of that noise, which generates 
controversy with airport neighbors and communities. In some 
cases, local governments have not engaged in any meaningful 
zoning or land-use planning. Advanced technology, new 
operational procedures, and land use measures have all 
contributed to noise reductions at airports. The FAA 
administers funding for noise compatibility projects through 
its regulations at 14 CFR part 150. Participation in the part 
150 program enables an airport operator to receive AIP funding 
from the funds set aside for noise projects. Airport operators 
may use either AIP or PFC funds for noise-related projects, 
including acquiring homes and relocating people, soundproofing 
homes and other buildings, and constructing noise barriers.
    The hearing primarily focused on the FAA's part 150 program 
and whether or not certain airports are availing themselves of 
it. An airport operator is not required to participate in the 
part 150 program; rather it is voluntary. Some airports may 
choose not to avail themselves of the part 150 program for 
reasons including: an airport may have a long-standing noise 
program that is essentially equivalent to the part 150 program; 
the cost of conducting the study itself; numerous incompatible 
land uses surround the airport such that land use mitigation 
would be cost prohibitive, and the use of alternative funding 
methods. Land use planning was also discussed by hearing 
participants.

            Aviation and Airport Holiday Travel Preparations

    On November 15, 2007, the Subcommittee held a hearing on 
airline and airport holiday travel preparations--continuing a 
series of hearings on airline consumer protection. The first 
half of 2007 was the worst for airline delays since the 
government began collecting statistics 13 years ago. The FAA 
reported that delays were up 20 percent since 2006, and traffic 
increased by as much as 20 percent at busy airports. Airlines 
have increased their scheduled flights in areas with the 
greatest demand. Load factors have also increased, which mean 
more crowded planes and more problems if flights are cancelled 
or connections are missed.
    To prepare for holiday travel in 2007, air carriers 
testified that they would offer customer service enhancements, 
including: encouraging passengers to use online check-in 
procedures and self-service check-in kiosks at the airport, 
dispersion of an automated travel notification--via cell phone 
or wireless device, increasing airline staff, implementing 
earlier boarding times, and increasing connection times during 
peak travel periods. Airport associations announced that they 
were increasing airport staff, including those working in the 
areas of parking, passenger assistance, maintenance, 
concessionaires, and law enforcement. Airports also testified 
that they were coordinating with the Transportation Security 
Administration (``TSA'') to ensure that checkpoints are fully 
staffed and that passengers are educated on security procedures 
at checkpoints. Emergency contingency plans have also been 
developed by a number of airports to deplane passengers in the 
event of long on-board delays.

The President's Fiscal Year 2009 Federal Aviation Administration Budget

    On February 7, 2008, the Subcommittee held a hearing to 
consider the Administration's FY 2009 budget request for the 
FAA. The FAA's FY 2009 request is $14.64 billion, $272 million 
less than the FY 2008 enacted funding level. The 
Administration's FY 2009 budget request provides $2.75 billion 
for the AIP program--$764.5 million less than the FY 2008 
enacted funding level of $3.5 billion, and $1.15 billion less 
than the authorized level proposed by H.R. 2881 for FY 2009. 
For F&E and operations, the Administration requests slight 
increases to $2.72 billion and $9.0 billion, respectively.
    In addition, the Administration's FY 2009 budget again 
requests to change the FAA's current excise tax financing 
system to a hybrid cost-based user fee system that would take 
effect in FY 2010. Under this proposal, which is similar to the 
FAA's reauthorization proposal from last year, the FAA's 
financing sources shift from a mix of fuel taxes, other excise 
taxes, and a general fund contribution to user fees, fuel 
taxes, and a general fund contribution. The Administration's 
hybrid cost-based user fee proposal was not included in either 
the House or Senate versions of FAA reauthorization legislation 
developed in the 110th Congress.
    In addition to the FAA, both the DOT IG and GAO testified 
at the budget hearing and raised issues regarding air traffic 
control modernization, controller workforce staffing, ATC 
facility maintenance, airspace congestion, runway safety and 
safety oversight.

                             Runway Safety

    On February 13, 2008, the Subcommittee held a hearing on 
runway safety. Airport ground operations include takeoffs and 
landings, taxiing operations, movement to and from gates, and 
the movement of airport ground vehicles to support aircraft and 
airport operations. Maintaining safe operations in the airport 
environment is a major concern. A runway incursion is ``any 
occurrence in the runway environment involving an aircraft, 
vehicle, person, or object on the ground that creates a 
collision hazard or results in a loss of required separation 
when an aircraft is taking off, intending to take off, landing, 
or intending to land.'' GAO reported that the rate of runway 
incursions in 2007 had increased to 6.05 incidents per million 
operations. This rate represented a 12 percent increase over 
2006 and the highest since 2001.
    GAO testified that the FAA National Runway Safety Plan was 
out of date and that the agency's runway safety incursion 
efforts were uncoordinated. GAO stated that controller fatigue 
may play a role in runway safety, noting that controllers are 
working six-day weeks due to staffing shortages. GAO 
recommended that the FAA establish a non-punitive system where 
controllers could report safety risks. Furthermore, GAO stated 
that the FAA needs to improve its data collection on runway 
incursion incidents. Finally, GAO raised concerns regarding 
delays in the deployment of runway safety systems and 
technologies.
    In its testimony, the FAA testified that it was testing and 
deploying several new technologies aimed at improving runway 
safety, including systems that alert pilots and crew to 
possible obstructions on the runway. The FAA has also 
undertaken efforts to improve runway markings and improve 
worker training. The FAA asked air carriers to conduct reviews 
of their current procedures, specifically focusing on those 
activities undertaken by a flight crew between pushback and 
takeoff, with the objective of limiting the number of 
distractions for pilots during this critical phase of 
operations.

                  Aviation Delays and Consumer Issues

    On April 9, 2008, the Subcommittee held hearing, the fourth 
in a series of hearings, on aviation delays and consumer 
issues. During the Subcommittee's hearing on Airline and 
Airport Holiday Preparations, Chairman Costello requested that 
DOT IG prepare an ``after action'' report on airline delays 
during the summer of 2007, as well as review progress by the 
DOT, the FAA, airlines, and airports to implement consumer 
service actions recommended by the DOT IG.
    In September 2007, the DOT created a New York Aviation 
Rulemaking Committee (``ARC''). The ARC reported 77 items to 
mitigate delays in the New York area; of these items, actions 
on 18 items were underway. One example was new takeoff patterns 
at Newark Liberty (``EWR'') and Philadelphia International 
Airports, as a part of the New York Area Airspace Redesign 
project. DOT said it was exploring operational and capacity 
improvements for all three major New York area airports and 
voluntary flight caps at John F. Kennedy International Airport 
(``JFK'').
    In November 2007, the DOT issued a rulemaking project 
regarding enhancing airline passenger protections. In December 
2007, DOT formed a Federal advisory task force to: (1) develop 
model contingency plans to deal with lengthy airline on-board 
delays; (2) review incidents involving long, on-board ground 
delays and their causes; (3) review existing airline and 
airport contingency plans for extended tarmac delays for best 
practices; and (4) report to the Secretary the results of its 
consideration and a description of the model contingency plans 
developed. In addition, DOT proposed increasing the limits on 
the compensation required to be paid to bumped passengers and 
to extend the requirement to passengers on smaller aircraft.
    H.R. 2881, the ``FAA Reauthorization Act of 2007'', which 
passed the House September 20, 2007, contains several 
provisions to enhance consumer protection and decrease delays.

      Reauthorization of the National Transportation Safety Board

    On April 23, 2008, the Subcommittee held a hearing to 
consider the reauthorization of the NTSB, which was authorized 
through September 30, 2008. The NTSB is charged with 
investigating civil aviation accidents and significant 
transportation accidents in the surface modes--railroad, 
highway, marine, and pipeline. The NTSB determines the probable 
cause of all civil aviation accidents and significant surface 
transportation accidents, conducts safety studies, and 
evaluates the effectiveness of other government agencies' 
programs for preventing transportation accidents.
    The NTSB's three-year reauthorization request includes 
additional funding, additional staff, and statutory changes. 
The FY 2009 President's budget requests $87.9 million for the 
NTSB, which is $3.392 million above the FY 2008 enacted level. 
The request includes funding to offset pay raises, benefit cost 
increases, and inflation. The FY 2010 ($107 million) and FY 
2011 ($113 million) authorization request levels are based on 
increasing the number of NTSB staff to 475 full-time-equivalent 
employees.
    The NTSB's reauthorization proposal requests explicit 
authorization to: investigate incidents; issue subpoenas for 
financial records, obtain medical records under the same 
conditions and protections as a public health authority 
receives such information under the Health Insurance 
Portability and Accountability Act; protect trade secrets and 
similar commercial or financial information from release under 
the Freedom of Information Act; enter into multi-year leasing 
contracts; expend appropriated funds to conduct an accident 
investigation in a foreign country; investigate ``commercial 
space launch'' accidents; and other items to aid 
investigations.
    In addition to the NTSB Chairman, Mark Rosenker, GAO also 
testified at the hearing. GAO's testimony included a review of 
NTSB's general management structure and capabilities.

                Aviation and the Environment: Emissions

    On May 6, 2008, the Subcommittee held a hearing on aviation 
emission issues. In the last 40 years, aviation emissions per 
passenger mile have decreased by 70 percent. According to the 
FAA, aviation carbon dioxide (``CO2'') emissions 
dropped in the United States by four percent between 2000 and 
2006, at the same time, commercial aviation moved 12 percent 
more passengers and 22 percent more freight. Without further 
improvements to engine, airframe technology, or air traffic 
management, preliminary computations by the FAA show that 
aviation noise and emissions are likely to increase by 140-200 
percent by 2025.
    Historically, most of the substantial aviation 
environmental gains have come from new technologies. The FAA's 
goal is to encourage a fleet of quieter, cleaner aircraft that 
operate more efficiently with less energy.The FAA states that 
implementation of NextGen will have a dual impact of 
modernizing the aviation system while providing benefits to the 
environment, including reducing the number of people exposed to 
significant noise and emissions levels and aircraft fuel 
consumption rates. Both airline and airport representatives 
testified that there are great incentives to reduce emissions, 
especially with increased fuel costs. Air carriers are 
employing a wide variety of procedures to reduce fuel 
consumption, including: single-engine taxi procedures and 
selective engine shutdown during ground delays; cruising longer 
at higher altitudes and employing shorter, optimizing flight 
planning for minimum fuel-burn routes and altitudes, and by 
using newer aircraft. Fuel costs are also motivating air 
carriers, airports and manufacturers to look at innovations in 
alternative fuels to decrease long-term cost and emissions.
    A representative from the European Union (``EU'') also 
briefed the Subcommittee about its proposed directive to cover 
civil aviation under its Emissions Trading Scheme (``ETS''), 
which is intended to reduce CO2 and other greenhouse 
gases. The proposed directive unilaterally includes the United 
States and other non-EU airlines and sidesteps the normal 
process for dealing with aircraft emissions through the ICAO 
and international air service agreements. Hearing participants 
roundly criticized this EU unilateral directive.

 Impact of Consolidation on the Aviation Industry, With a Focus on the 
     Proposed Merger Between Delta Air Lines and Northwest Airlines

    On May 14, 2008, the Subcommittee held a hearing regarding 
the impact of consolidation on the aviation industry, with a 
focus on the proposed merger between Delta Air Lines and 
Northwest Airlines. On April 15, 2008, Delta and Northwest 
announced an agreement in which the two carriers will merge in 
an all-stock transaction with a combined value of $17.7 
billion. The new airline will retain the Delta brand and will 
headquarter in Atlanta. The airlines claimed that the 
transaction will generate more than $1 billion in annual 
revenue and cost synergies from more effective aircraft 
utilization, a more comprehensive and diversified route system, 
reduced overhead and improved operational efficiency.
    During the hearing, several concerns were raised about the 
merger, including decreased competition, higher fares, and 
deterioration in the quality of service. Opponents argued that 
a combined Delta/Northwest would be a generally bigger 
competitor at its hubs (e.g., Atlanta, JFK, Minneapolis-St. 
Paul), and have a greater ability to discourage competitors 
from entering the market. Delta/Northwest argued that the 
growth of low-cost carriers has created new competition that 
would offset historical regulatory concerns with mergers. 
However, opponents argue that over-reliance on low-cost 
carriers is not the answer. Because low-cost carriers do not 
serve many of the same markets that the large network carriers 
serve, they may not offer the same benefits as network 
carriers, such as frequent flier benefits to foreign 
destinations, and many are struggling financially.
    Concerns were also raised about international competition. 
Delta/Northwest argue that a merger will allow them to compete 
on a more equal footing with other larger international 
carriers. However, the three large alliances (Star, SkyTeam and 
Oneworld), of which Delta and Northwest already belong, 
dominate the lucrative North Atlantic international market, 
where significant entry barriers still exist. In addition, many 
of these alliance partners have antitrust immunity, which 
allows them to coordinate on prices, capacity and customer 
service issues. In particular, concerns have been expressed 
that in the U.S.-Continental Europe market, where immunized 
alliances (i.e., SkyTeam and Star) already control a 
significant share of the traffic, the consolidation of U.S. air 
carriers would further concentrate the market share within 
these alliances, thereby making it more difficult for new 
competitors to enter the market.
    In addition, customer service and employee integration 
issues were raised. Witnesses testified that consumer service 
generally falls by the wayside while integrating cultures, and 
dealing with employee unrest over potential closing of 
facilities and the integration of seniority lists.
    On October 28, the Department of Justice closed its 
investigation of the Delta/Northwest proposed merger, thus 
allowing the companies to consummate the deal.

                 Air Traffic Control Facility Staffing

    On June 11, 2008, the Subcommittee held a hearing regarding 
ATC facility staffing issues, including concerns about staffing 
alignment and training at such facilities. FAA controllers 
staff some 316 federally operated facilities. The FAA is 
experiencing a wave of air traffic controller retirements due 
in large part to the Professional Air Traffic Controllers 
Organization strike in 1981, and subsequent firing of a 
significant number of controllers. Most of the FAA's current 
14,800 controllers that were hired during the 1980s to replace 
fired controllers are now eligible to retire. The FAA states 
that it will need to hire more than 17,000 controllers through 
FY 2017. Since the end of FY 2005, the FAA has hired more than 
5,000 controllers.
    There were 583 controller retirements in 2006, 828 in 2007 
and, between 2008 and 2017, the FAA projects that 7,068 of the 
current controller workforce will retire. In addition, the FAA 
estimates that an additional 5,316 controllers will leave for 
other reasons to include promotion, reassignment, resignation, 
and removal. In 2007, the FAA hired 1,815 developmental 
controllers. In 2008 and 2009, the FAA plans to hire 1,877 and 
1,914 developmental controllers, respectively. This pace is 
expected to continue for at least the next ten years. The FAA's 
objective is to reach a workforce level, larger than the 
current one, totaling 16,371, by 2017.
    The DOT IG, who testified at the hearing, raised concerns 
about the ratio of experienced controllers and controller 
trainees at ATC facilities, which could present safety and 
operational issues. The DOT IG made a number of recommendations 
to the FAA, including ensuring controller staffing reports 
reflect that the number of developmental controllers at each 
individual facility; and establishing realistic standards for 
the level of developmental controllers that the facilities can 
accommodate and for the training capacity at such facilities. 
Moreover, NATCA expressed concerns at the hearing that the 
shortfall in the number of experienced controllers has led to: 
more controller fatigue because controllers are working longer 
days for sustained periods; an alleged increase in the number 
of operational errors; and increased delays because there are 
not enough controllers available to safely manage demand. The 
FAA testified that it is on track to meet its hiring goals, and 
that its staffing ranges for each facility take into account 
the number of developmental controllers and the training that 
is required for those controllers.

             Congestion Management in the New York Airspace

    On June 18, 2008, the Subcommittee held a hearing on 
congestion management in the New York Airspace. According to 
the FAA, approximately one-third of the nation's flights and 
one-sixth of the world's flights either start or pass through 
the airspace that supports New York's three main airports: 
LaGuardia International (``LGA''), JFK, and EWR accounting for 
three-quarters of the chronic airline delays experienced today. 
Accordingly, delays in the Northeast have a rippling effect 
across the country.
    On December 19, 2007, in an effort to decrease delays in 
the New York region, DOT announced voluntary flight caps at 
JFK. Negotiated by airlines and DOT, caps were set at an 
average of 82 to 83 flights per hour, beginning March 30, 2008. 
In March 2008, DOT also announced voluntary flight caps at EWR 
to an average of 83 flights per hour, beginning on June 1, 
2008. On April 16, 2008, the DOT issued a proposal for LGA, 
which would impose a slot auction mechanism to redistribute 
slots, and a similar proposal was issued on May 16 for JFK and 
EWR. At the hearing, many concerns were raised about the slot 
auction proposals. First, some witnesses questioned whether DOT 
or the FAA has the legal authority to impose these slot 
auctions, arguing that the FAA's authority to manage the 
airspace does not include the power to lease landing rights, 
auction them, and then retain and use the proceeds from the 
slot auctions, in the absence of clear delegation of 
Congressional authority. DOT testified at the hearing that the 
FAA has the legal authority to auction slots because the slots 
are intangible FAA property. Some witnesses argued that 
imposition of slot auctions might limit competition by 
preventing new entrants and limited incumbent air carriers from 
entering the market because these carriers may not have the 
resources that legacy air carriers have to buy the slots 
necessary to remain viable and competitive.
    In addition, concerns were raised that if carriers are 
forced to cut back on existing schedules, service to small 
communities could decrease because there will be pressure on 
air carriers that lose slots to move slots currently used for 
small community service to larger, more lucrative markets. 
Similarly, slots purchased at an auction could be used only for 
large markets.
    Despite the concerns raised at the hearing, on October 10, 
2008, the FAA issued a final rule to proceed with its plan to 
auction takeoff and landing slots at the New York airports. 
However, on December 8, 2008, the D.C. Circuit Court of Appeals 
issued a stay of any slot auction implementation.

                      Aviation Security: An Update

    On July 24, 2008, the Subcommittee held a hearing to review 
updates on aviation security. Before the terrorist attacks of 
September 11, 2001, aviation security in the United States was 
shaped largely as a result of past events such as the 
proliferation of domestic hijackings between 1961 and 1972 and 
the 1988 bombing of Pan Am flight 103. Following the attacks of 
September 11, 2001, Congress made significant changes to 
aviation security policy and strategy, including federalizing 
the screener workforce and requiring 100 percent screening of 
carry-on and checked baggage. On March 26, 2007, the U.S. 
Department of Homeland Security released the National Strategy 
for Aviation Security; the strategy aligns Federal Government 
aviation security programs and initiatives into a comprehensive 
and cohesive national effort involving appropriate Federal, 
state, local, and tribal governments and the private sector to 
provide active layered aviation security for the United States.
    The hearing focused on progress made in aviation security 
with regard to screening procedures and technologies, domestic 
passenger air cargo, secure flight--United States visitor and 
immigrant status indicator technology, and foreign repair 
stations. Special focus was paid to screening procedures and 
technologies including: passenger and carry-on baggage 
screening; checked baggage screening; employee screening pilot 
program; transportation security officers staffing; crew 
personnel advanced security system; registered traveler 
program; and biometrics. The Assistant Secretary of Homeland 
Security highlighted TSA's new ``checkpoint evolution,'' which 
includes improved security, better training, process, and 
technology. GAO reported that TSA made limited progress in 
developing and deploying checkpoint technologies; it had a 
large challenge to screen 100 percent of cargo; and continued 
challenges with development and implementation of the Secure 
Flight program. Others within the aviation community shared 
their positions on TSA's checkpoint evolution, other security 
projects, process and technologies.

     FAA Aircraft Certification: Alleged Regulatory Lapses in the 
          Certification and Manufacture of the Eclipse EA-500

    On September 17, 2008, the Subcommittee held a hearing on 
FAA aircraft certification: alleged regulatory lapses in the 
certification and manufacture of the Eclipse EA-500. O&I staff 
and the DOT IG investigated allegations that the FAA rushed to 
approve both the type (``TC'') and production certifications 
(``PC'') of a new very light jet (``VLJ''), the Eclipse EA-500, 
despite safety concerns with the design and manufacturing of 
the aircraft raised by a number of FAA certification engineers 
and aviation safety inspectors. FAA certification engineers and 
inspectors who insisted on correction of these design 
deficiencies before certification were allegedly relieved of 
their duties with the Eclipse program by senior FAA management 
and replaced by those more amenable to management's desire to 
certify the aircraft by an agency self-imposed deadline of 
September 30, 2006.
    The FAA admitted to mistakes during the Eclipse 
certification, but it claimed that no Federal regulations were 
violated. However, when the findings and assertions uncovered 
in this investigation are viewed in total, the O&I Majority 
staff believe that there is a disturbing suggestion that there 
was a ``cozy relationship'' and reduced level of vigilance on 
the FAA's part during both the TC and the PC approval process 
of the EA-500. Based upon the results of the DOT IG 
investigation, and the conclusions of the FAA's ``lessons 
learned'' review, and--most importantly--the problems that 
continue to impact pilots of the aircraft, the DOT IG believes 
that the FAA should have exercised greater diligence in 
certifying the EA-500 design because the EA-500 represented a 
new class of aircraft.
    According to the O&I Majority staff, when design 
deficiencies were identified that were non-compliant with FAA 
certification requirements, senior FAA management became 
personally involved in the certification, overruled lower-level 
engineers and inspectors, and worked to find alternate means of 
compliance approval. One broad policy issue that needs further 
examination relates to the many ``loopholes'' that the FAA has 
at its disposal to find ``alternative means of compliance'' or 
``equivalent levels of safety'' for certification regulations. 
Thus, the allegations and findings in this case are cause for 
concern and suggest the immediate need for a broad policy 
review of FAA certification practices.
    The Minority staff issued a separate Summary of Subject 
Matter memorandum for this hearing. The Minority agrees that 
there are lessons to be learned from the certification of a 
brand new type of aircraft, such as the Eclipse EA-500 very 
light jet. However, they reject the inference that the 
certification process that occurred on the Eclipse project was 
representative of certification projects around the industry. 
The Minority points out that the DOT IG has indicated that he 
has not received any similar allegations or complaints from 
other parts of the industry or the FAA. In addition, the 
Minority believes it is important for the FAA to continually 
review and update as necessary the Federal Aviation Regulations 
for aircraft certification to accommodate new kinds of aircraft 
technology. However, it is also important to remember that FAA 
certification is based on collaboration, coordination, and 
information sharing, and the Minority believes that part of the 
process should not be changed or stifled.

                        Runway Safety: An Update

    On September 25, 2008, the Subcommittee met to receive 
testimony on runway safety. This hearing was a follow-up to the 
Subcommittee's February 13, 2008 hearing on the issue. With an 
anticipated increase in passenger traffic, maintaining safe 
ground operations for take offs and landings, taxiing 
operations, and movement to and from gates remains critical. 
GAO reported that rate of runway incursions had increased to 
6.75 incidents per million operations for the first three 
quarters of FY 2008. As of the hearing date, there were 25 
severe runway incursions in FY 2008, which was slightly higher 
than the previous fiscal year.
    GAO indicated that the FAA had made significant progress in 
deploying safety technologies, but noted that the FAA still has 
work to do in addressing human factors by increasing training 
for pilots and air traffic controllers as well as revising 
procedures. As of the hearing date, the FAA had deployed runway 
status lights at 22 major airports and Airport Surface 
Detection Equipment Model-X (``ASDE-X'') was operational at 17 
airports. The FAA was moving forward with several other 
technologies to assist pilots and ground crew in enhancing 
situational awareness, ground markings and signals, and 
increased taxiing areas.
    An executive at the Dallas/Fort Worth International Airport 
testified that the airport's multi-faceted approach in all of 
these areas had increased the safety at that airport. The FAA 
also testified that it is moving forward with work on the human 
factors by developing a voluntary safety reporting system for 
air traffic controllers and working with pilots to understand 
pilot errors. The FAA noted at the hearing that it conducted 
the first annual Fatigue Symposium to better understand the 
effect of fatigue in the aviation environment.
    The Subcommittee also held nine briefings and roundtable 
discussions in the 110th Congress on issues such as NextGen, 
aviation security, aviation safety, the impact of fuel on 
aviation, and consumer issues.

SUMMARY OF ACTIVITIES FOR THE SUBCOMMITTEE ON COAST GUARD AND MARITIME 
                             TRANSPORTATION

    During the 110th Congress, the Subcommittee on Coast Guard 
and Maritime Transportation, chaired by Representative Elijah 
E. Cummings, with Representative Steven LaTourette serving as 
Ranking Member, held 25 hearings (162 witnesses and 
approximately 84 hours of testimony) covering the breadth of 
issues within the jurisdiction of the Subcommittee.
    The Committee on Transportation and Infrastructure 
developed major legislation, H.R. 2830, the ``Coast Guard 
Authorization Act of 2008'', to reauthorize the Coast Guard, 
provide $8.4 billion for the Coast Guard's operations and 
capital procurements, and authorize an increase in the total 
number of military personnel to 47,000. This legislation will 
also make significant changes in Coast Guard policies and 
operations, including in the Coast Guard's marine safety 
program, its administrative law judge program, its security 
programs, and in the admissions process at the Coast Guard 
Academy. H.R. 2830 passed the House of Representatives on 
September 20, 2007. The Senate did not complete action on the 
legislation.
    The Subcommittee also developed major legislation to 
strengthen the Coast Guard's management of the procurements it 
is conducting under the Integrated Deepwater Program, a $24 
billion, 25-year acquisitions effort intended to replace or 
rehabilitate the service's surface and aviation assets. This 
legislation passed the House of Representatives as H.R. 2722, 
on July 31, 2007, and as H.R. 6999 on September 27, 2008. The 
Senate did not complete action on the legislation.
    The following bills and resolutions were enacted in the 
110th Congress:
          Public Law 110-280, the Maritime Pollution Prevention 
        Act of 2008,
          Public Law 110-407, the Drug Trafficking Vessel 
        Interdiction Act of 2008,
          Public Law 110-364, the Oregon Surplus Federal Land 
        Act,
          Public Law 110-375, a bill to repeal the provision of 
        title 46, United States Code, requiring a license for 
        employment in the business of salvaging on the coast of 
        Florida,
          Public Law 110-229, section 202, the Jupiter Inlet 
        Lighthouse Outstanding Natural Area Act of 2008,
          H. Res. 343, commemorating the marinas of the United 
        States, expressing support for the designation of the 
        sixth annual National Marina Day, and for other 
        purposes,
          H. Res. 386, recognizing the Coast Guard, the Coast 
        Guard Auxiliary, and other boating safety organizations 
        for their efforts to promote National Safe Boating 
        Week,
          H. Res. 413, recognizing the service of United States 
        Merchant Marine veterans,
          H. Res. 505, recognizing the innumerable 
        contributions of the recreational boating community and 
        the boating industry to the continuing prosperity and 
        affluence of the United States,
          H. Res. 549, recognizing the importance of America's 
        Waterway Watch program, and for other purposes,
          H. Res. 822, recognizing the 100th anniversary year 
        of the founding of the Port of Los Angeles,
          H. Res. 853, honoring those who have volunteered to 
        assist in the cleanup of the November 7, 2007, oil 
        spill in San Francisco Bay,
          H. Res. 866, honoring the brave men and women of the 
        United States Coast Guard whose tireless work, 
        dedication, and commitment to protecting the United 
        States have led to the Coast Guard seizing over 350,000 
        pounds of cocaine at sea during 2007, far surpassing 
        all of our previous records,
          H. Res. 1241, resolution congratulating Ensign 
        DeCarol Davis upon her serving as the valedictorian of 
        the Coast Guard Academy's class of 2008 and becoming 
        the first African American to earn this honor, and 
        encouraging the Coast Guard Academy to seek and enroll 
        diverse candidates in the cadet corps, and,
          H. Res. 1382, honoring the heritage of the Coast 
        Guard.
    Other bills that passed the House include:
          H.R. 2830, the ``Coast Guard Authorization Act of 
        2008'',
          H.R. 2722, the ``Integrated Deepwater Program Reform 
        Act'', and
          H.R. 6999, the ``Integrated Deepwater Program Reform 
        Act of 2008''.

                   Public Laws and House Resolutions

               Maritime Pollutions Prevention Act of 2008

                           Public Law 110-280

                               (H.R. 802)

                             July 21, 2008

    The International Convention for the Prevention of 
Pollution from Ships, known as MARPOL, is a treaty negotiated 
by the members of the United Nation's International Maritime 
Organization to limit various forms of pollution emitted by 
ocean-going vessels. Annex VI, which has been in force 
internationally since 2005, limits air pollution emitted by 
ships, including limiting emissions of nitrogen oxides and 
prohibiting the deliberate release of substances that deplete 
atmospheric ozone. This law institutes the legal changes needed 
to bring the United States into compliance with Annex VI. With 
these legal changes, the United States was able to deposit its 
instrument of ratification and thus to formally join Annex VI.

            Drug Trafficking Vessel Interdiction Act of 2008

                           Public Law 110-407

                               (S. 3598)

    This law establishes criminal and civil penalties for 
operating a submersible or semisubmersible vessel without 
nationality on the high seas. These vessels are currently being 
used to smuggle large amounts of cocaine and other drugs into 
the United States.

                Oregon Surplus Federal Land Act of 2008

                           Public Law 110-364

                              (H.R. 6370)

    This law transferred 24 acres of excess Federal property 
administered by the Coast Guard to the Confederated Tribes of 
the Coos, Lower Umpqua, and Siuslaw Indians. The transfer will 
include the Cape Arago Light Station, in Coos County, Oregon, 
which will be transferred to the Secretary of the Interior and 
held in trust for the benefit of the Confederated Tribes of the 
Coos, Lower Umpqua, and Siuslaw Indians. Under the terms 
provided in the law, the Light Station is to be made available 
to the general public for educational, park, recreational, 
cultural, and historic preservation purposes.

 To Repeal the Provision of Title 46, United States Code, Requiring a 
  License for Employment in the Business of Salvaging on the Coast of 
                                Florida


                           Public Law 110-375


                               (S. 2482)


                            October 8, 2008

    This law repeals an antiquated law that required vessels--
and the captains of vessels--conducting salvage operations off 
the coast of Florida to obtain licenses from a United States 
District Court. The antiquated law, which applied only to 
Florida, was adopted in 1847; no license had been issued under 
this law since approximately 1921.

     Jupiter Inlet Lighthouse Outstanding Natural Area Act of 2008


                    Public Law 110-229, Section 202


                              (H.R. 1922)


                              May 8, 2008

    Section 202 of Public Law 110-229, the Consolidated Natural 
Resources Act of 2008, establishes the Jupiter Inlet Lighthouse 
Outstanding Natural Area in Palm Beach County, Florida. Located 
at the confluence of the Indian and Loxahatchee Rivers, the 
Jupiter Island Inlet frames a point of land that has played a 
significant role in Florida coastal history for centuries. The 
Jupiter Island Inlet Lighthouse, built atop a prehistoric 
Indian mound, was first lit on July 10, 1860, and the 156-foot 
structure is the oldest existing building in Palm Beach County. 
The lighthouse was transferred from the Navy to the U.S. Coast 
Guard in 1939, and it was added to the National Register of 
Historic Places on November 15, 1973. In 1986, much of the 
reservation around the lighthouse was returned to public land 
status under the Bureau of Land Management, which coordinates 
management activities by six separate entities under the 
Jupiter Inlet Coordinated Resource Management Plan. Section 202 
of Public Law 110-229 requires the Secretary of the Interior to 
develop a comprehensive management plan for the Jupiter Inlet 
Lighthouse Outstanding Natural Area within three years, and 
specifies that the requirements of the management plan will not 
affect on-going or planned Coast Guard operations in the 
Natural Area.

Commemorating the Marinas of the United States, Expressing Support for 
the Designation of the Sixth Annual National Marina Day, and for Other 
                                Purposes


                             (H. Res. 343)


                              May 15, 2007

    H. Res. 343 recognizes the House of Representatives' 
support for National Marina Day, which acknowledges the 
important role recreational boaters and marina operators play 
in giving shelter and providing gateways to the nearly 13 
million recreational boats registered in the United States. 
National Marina Day also recognizes the important role that 
recreational boaters and marina operators play in protecting 
our nation's critical marine resources and in providing 
education programs intended to improve the safety of 
recreational boating.

   Recognizing the Coast Guard, the Coast Guard Auxiliary, and Other 
Boating Safety Organizations for Their Efforts To Promote National Safe 
                              Boating Week


                             (H. Res. 386)


                              May 15, 2007

    Through H. Res. 386, the House of Representatives commends 
the Coast Guard, the Coast Guard Auxiliary, and the National 
Safe Boating Council for their efforts to promote National Safe 
Boating Week, which is designated as the week of May 19-25, 
2007. There are an estimated 78 million recreational boaters 
and nearly 13 million recreational vessels registered in the 
United States, making recreational boating one of our nation's 
most popular pastimes. Recreational boating accidents claimed 
the lives of 697 Americans in 2005; many of these victims 
drowned after falls overboard because they were not properly 
using a personal flotation device. This resolution supports the 
goals of National Safe Boating Week by highlighting 
recreational boating safety education programs and promoting 
the use of personal flotation devices.

   Recognizing the Service of United States Merchant Marine Veterans


                             (H. Res. 413)


                              May 22, 2007

    H. Res. 413 expresses the House of Representatives' support 
for the service of U.S. Merchant Marine veterans. Since 1775, 
U.S. Merchant Mariners have served valiantly in times of peace 
and in every war the U.S. has fought. Today, more than 8,000 
Merchant Mariners serve in the Military Sealift Command, and 
civilian-crewed military support ships have moved approximately 
79 million square feet of cargo to U.S. troops in Iraq and 
throughout the world since September 11, 2001.
    H. Res. 413 pays special tribute to the estimated 250,000 
Americans who served in the War Shipping Administration, which 
moved 95 percent of the goods and materiel used by the Allies 
during World War II. The Congressional Research Service reports 
that more than 50 percent of those who served in the Merchant 
Marine in World War II were under age 25. An estimated 20,000 
Merchant Mariners were killed or wounded in the War, yielding 
the Merchant Marine with the highest casualty rate of any 
service. Despite their gallant service, however, World War II-
era U.S. Merchant Mariners have still not received many of the 
benefits given to those who served in the other U.S. military 
forces engaged in World War II.

 Recognizing the Innumerable Contributions of the Recreational Boating 
  Community and the Boating Industry to the Continuing Prosperity and 
                     Affluence of the United States


                             (H. Res. 505)


                             June 25, 2008

    H. Res. 505 expresses the House of Representatives' support 
for National Boating Day, which highlights the contributions of 
the recreational boating community and the boating industry to 
the United States' economy and to the environmental stewardship 
of marine resources. This resolution also encourages the 
President to issue a proclamation calling on the people of the 
United States to observe National Boating Day with appropriate 
programs and activities.

Recognizing the Importance of America's Waterway Watch Program, and for 
                             Other Purposes


                             (H. Res. 549)


                            October 17, 2007

    H. Res. 549 expresses the House of Representatives' support 
for the contributions made to the nation's security by the 
Coast Guard's America's Waterway Watch program. There are 
95,000 miles of shoreline, 300,000 square miles of waterways, 
6,000 bridges, 360 ports of call, and 12,000 marinas in the 
United States. With the threat of terrorist activity along the 
nation's shores, millions of Americans who participate in 
recreational boating and who work, play, and live around our 
waterfronts, rivers, lakes, and coastal areas have become part 
of our nation's first line of defense through America's 
Waterway Watch program. The Waterway Watch program encourages 
citizens to report suspicious activities around tunnels, 
bridges, ports, ships, military bases, coasts and other water-
related resources by calling 911 or a national toll free 
number. This resolution recognizes the importance of increasing 
maritime domain awareness and supports the goals of America's 
Waterway Watch program.

 Recognizing the 100th Anniversary Year of the Founding of the Port of 
                              Los Angeles


                             (H. Res. 822)


                            December 5, 2007

    Through H. Res. 822, the House of Representatives 
commemorates the 100th Anniversary Year of the Founding of the 
Port of Los Angeles. Founded in December 1907, the Port of Los 
Angeles is part of Southern California's San Pedro Bay Port 
Complex, which includes the Port of Long Beach; together, these 
ports handle more than 43 percent of all goods arriving in the 
U.S. Since 1996, the Port of Los Angeles has grown 246 percent, 
tripling its trade-related jobs and generating $256 billion in 
commerce and $28 billion in tax revenue. In 2006, the Port of 
Los Angeles handled more than 8.5 million 20-foot equivalency 
container units (``TEUs''), which helped it retain its status 
as the leading container port in the United States for the 
seventh consecutive year. This resolution congratulates the 
Port of Los Angeles for its achievements in implementing 
innovative and modern transportation and goods movements 
systems that are compatible with the environmental stewardship 
programs it implements.

  Honoring Those Who Have Volunteered To Assist in the Cleanup of the 
            November 7, 2007 Oil Spill in San Francisco Bay


                             (H. Res. 853)


                           December 11, 2007

    H. Res. 853 recognizes the House of Representatives' 
support for the volunteers who assisted in the cleanup of the 
nearly 58,000 gallons of toxic bunker fuel spilled into San 
Francisco Bay when the COSCO BUSAN collided with the San 
Francisco-Oakland Bay Bridge on November 7, 2007. Following the 
spill, which closed 28 beaches around the Bay, thousands of 
private citizens volunteered to assist in cleaning oil spilled 
on the coastline and in collecting and treating oiled wildlife. 
This resolution recognizes the contributions made by many Bay 
Area environmental organizations, including the Pacific Coast 
Federation of Fishermen's Associations, members of the San 
Francisco Crab Boat Owners Association, commercial crabbers, 
and other Bay Area fishermen, and the city of San Francisco's 
Department of Emergency Management to the overall response 
effort.

Honoring the Brave Men and Women of the United States Coast Guard Whose 
  Tireless Work, Dedication, and Commitment to Protecting the United 
   States Have Led to the Coast Guard Seizing Over 350,000 Pounds of 
 Cocaine at Sea During 2007, Far Surpassing All of Our Previous Records


                             (H. Res. 866)


                            January 22, 2008

    H. Res. 866 recognizes the House of Representatives' 
support for the men and women of the U.S. Coast Guard whose 
tireless work, dedication, and commitment to protecting the 
United States enabled the service to seize more than 350,000 
pounds of cocaine at sea during 2007. These seizures in 2007, 
which had a estimated street value of $4.7 billion, exceeded 
all previous records set by the Coast Guard for seizures in a 
single year. This record of success is also a testament to the 
Coast Guard's successful collaboration with many other 
agencies, including the Department of Homeland Security, 
Department of Defense, Customs and Border Patrol, Immigration 
and Customs Enforcement, Drug Enforcement Agency, Federal 
Bureau of Investigation, the U.S. Navy, and other Federal, 
state, and international partners.

      Congratulating Ensign Decarol Davis Upon Her Serving as the 
 Valedictorian of the Coast Guard Academy's Class of 2008 and Becoming 
  the First African American To Earn This Honor, and Encouraging the 
Coast Guard Academy To Seek and Enroll Diverse Candidates in the Cadet 
                                 Corps


                             (H. Res. 1241)


                             July 22, 2008

    Through H. Res. 1241, the House of Representatives 
congratulates Ensign DeCarol Davis for becoming the first 
African American female to be valedictorian of the Coast Guard 
Academy. Ensign Davis' many accomplishments include selection 
as a 2007 Truman Scholar, selection to the 2006 Arthur Ashe, 
Jr. Women's Basketball First Team Sports Scholar, and selection 
as a member of the 2007 ESPN The Magazine Academic All-District 
I College Women's Basketball First Team. Ensign Davis is also 
the recipient of the 2008 Connecticut Technology Council Women 
of Innovation Award. Ensign Davis' community outreach during 
her time at the Coast Guard Academy significantly impacted the 
lives of others, including those at a local elementary school 
where Ensign Davis wrote and directed a play that introduced 
engineering to the students as a possible career choice. In 
addition to honoring Ensign Davis' accomplishments, this 
resolution also encourages the Coast Guard to seek diverse 
candidates for the Coast Guard Academy.

         Honoring the Heritage of the United States Coast Guard


                             (H. Res. 1382)


                           September 29, 2008

    Through H. Res. 1382, the House of Representatives honors 
the heritage of the U.S. Coast Guard. The Coast Guard and its 
predecessor organizations have a long and distinguished 
heritage dating back to the very first Congress in 1789, when 
Congress tasked the Department of the Treasury with maintaining 
aids to navigation, including lighthouses and buoys, and 
documenting U.S. flag vessels. The modern Coast Guard was 
created in January 1915, when the Revenue Cutter Service and 
the Life-Saving Service were merged by an Act of Congress to 
form the Coast Guard as an agency of the Department of the 
Treasury. The Lighthouse Service became part of the Coast Guard 
in July 1939. The Bureau of Marine Inspection and Navigation 
(created following the merger of the Steamboat Inspection 
Service and the Bureau of Navigation) became part of the Coast 
Guard in 1946. In 1967, the Coast Guard was transferred from 
the Department of the Treasury to the newly established 
Department of Transportation; it was subsequently transferred 
to the Department of Homeland Security in March 2003. This 
resolution recognizes and honors all the men and women who have 
served in the Coast Guard and its predecessor organizations 
since August 7, 1789.

                           Other Legislation


                 Coast Guard Authorization Act of 2007


                              (H.R. 2830)


                   Passed the House on April 24, 2008

    H.R. 2830, the ``Coast Guard Authorization Act of 2007'', 
authorizes $8.4 billion for the Coast Guard and authorizes an 
increase in the total number of military personnel to 47,000. 
The bill also supports a reorganization of the Coast Guard's 
senior leadership by eliminating the two Area Commands (Pacific 
and Atlantic) established by law and the Coast Guard Chief of 
Staff position and replacing these positions with four Vice 
Admirals: the Deputy Commandant for Mission Support; the Deputy 
Commandant for National Operations and Policy; the Commander, 
Force Readiness Command; and the Commander, Operations Command. 
In addition, the bill promotes the Vice Commandant to a full 
four-star Admiral.
    H.R. 2830 includes measures to enhance the Coast Guard's 
Marine Safety program by establishing an Assistant Commandant 
for Marine Safety and establishing minimum qualifications for 
marine safety personnel. H.R. 2830 also creates an Assistant 
Commandant for Port and Waterways Security, who will be a 
security specialist responsible for all regulations and 
policies regarding security in our nation's ports and 
waterways.
    H.R. 2830 requires that as new liquefied natural gas 
(``LNG'') terminals are approved, all of the resources 
necessary to adequately secure these terminals are in place.
    Title V, the ``Ballast Water Treatment Act of 2008'', of 
the bill establishes mandatory ballast water treatment 
standards for all vessels entering U.S. ports from overseas. 
These standards are based on the International Convention for 
the Control and Management of Ships Ballast Water & Sediments, 
but increase the treatment standards, accelerate the phase-in 
schedule, and facilitate an increase in treatment standards at 
regular intervals based on the best available technology 
available at the time.
    To ensure that the Coast Guard has the resources it needs 
to carryout its missions, the bill includes provisions to 
strengthen the service's management of its acquisitions 
programs, including the $24 billion, 25-year Deepwater 
procurements. Among these provisions, the bill phases-out the 
Coast Guard's use of lead systems integrators by October 1, 
2011, and requires the Coast Guard to maintain the authority to 
establish, approve, and maintain technical requirements. The 
bill also requires third-party certification of assets obtained 
under Deepwater to ensure that they meet all contractual 
requirements and quality standards.
    H.R. 2830 gives mariners the right to have cases involving 
the potential suspension or revocation of their professional 
credentials heard by the National Transportation Safety Board's 
Administrative Law Judge system. Further, the bill creates an 
ombudsman in each Coast Guard District to serve as a liaison 
between the Coast Guard and the port and maritime community.
    Finally, to expand diversity at the Coast Guard Academy and 
throughout the service's officer corps, the bill requires 
applicants to the Academy to be nominated by Members of 
Congress or other authorities.

                Integrated Deepwater Program Reform Act


                              (H.R. 2722)


                   Passed the House on July 31, 2007

    H.R. 2722 makes significant changes in the Coast Guard's 
management of its Deepwater acquisition programs, which 
constitute a series of procurements intended to replace or 
upgrade the Coast Guard's surface and aviation assets over a 
25-year period at a cost of $24 billion.
    This legislation responds directly to specific failures 
that have occurred in the Deepwater program since its inception 
in 2002 and that were the subject of extensive hearings in both 
the Subcommittee and the Full Committee. These procurement 
failures include the expenditure of approximately $100 million 
to lengthen eight 110-foot patrol boats to 123 feet and upgrade 
their information technology suites; the lengthening resulted 
in hull deformations that eventually caused the boats to be 
removed from service. Under Deepwater, the Coast Guard also 
obligated more than $100 million to develop a vertical unmanned 
aerial vehicle--but the prototype crashed and the program was 
eventually suspended.
    To prevent such failures in future procurements under 
Deepwater, H.R. 2722 eliminates the use of a lead systems 
integrator, which are private firms hired by the Coast Guard to 
manage almost all aspects of the implementation of the 
Deepwater program, including managing the procurement of 
individual assets purchased under the program. The bill also 
requires the use of full and open competition for all Deepwater 
procurements to help control costs and ensure the Coast Guard 
receives the best value for taxpayers' resources, and it 
requires third-party certification of assets to ensure that 
they meet all contractual and quality standards. Further, the 
bill requires the appointment of a civilian as Chief 
Acquisitions Officer to bring to this critical position the 
professional experience and expertise that is not currently 
cultivated among uniformed Coast Guard officers.

            Integrated Deepwater Program Reform Act of 2008


                              (H.R. 6999)


                 Passed the House on September 27, 2008

    H.R. 6999, which is based on H.R. 2722, and on S. 924, 
which passed the Senate, strengthens the Coast Guard's ability 
to manage its major acquisitions efforts, including those 
conducted under the 25-year, $25 billion Deepwater program.
    H.R. 6999 requires the Coast Guard to eliminate the use of 
all private sector lead systems integrators by October 2011--
the same date on which their use is phased out in the 
Department of Defense. The legislation also requires the 
conduct of an alternatives analysis before the service procures 
an experimental, technically immature, or first-in-class major 
asset. Further, the bill requires the regular submission of 
acquisition program reviews to Congress--including notification 
of cost overruns and schedule delays--so that Congress is aware 
of emerging issues before they become crises.
    This bill establishes the position of Chief Acquisitions 
Officer in statute and requires that it be filled with a fully 
qualified individual who can, at the Commandant's choosing, be 
a civilian member of the senior executive service or a 
uniformed member of the Coast Guard but who must, either case, 
have a Level III Acquisitions qualification and 10 years of 
experience managing acquisitions efforts. The bill requires 
independent, third-party certification of assets, and requires 
that appropriate testing be performed on asset designs so that 
problems can be identified before construction of an asset 
begins.
    In addition, H.R. 6999 makes it a crime to operate a 
submersible or semi-submersible vessel that is not registered 
in any country. Such vessels are often used to smuggle illegal 
drugs into the United States.

                                Hearings

    During the 110th Congress, the Subcommittee on Coast Guard 
and Maritime Transportation held 26 hearings.

      Oversight Hearing of Coast Guard Integrated Deepwater System

    On January 30, 2007, the Subcommittee held a hearing on the 
Coast Guard's Integrated Deepwater System program 
(``Deepwater''). Deepwater is a series of procurements expected 
to replace or upgrade all of the Coast Guard's surface and air 
assets over a 25-year period at a cost of $24 billion. The 
Deepwater program has been plagued by a series of procurement 
failures, including the failure of the effort to lengthen 110-
foot patrol boats to 123 feet, which yielded eight vessels that 
experienced hull anomalies and eventually had to be removed 
from service and decommissioned.
    The Subcommittee heard testimony from the Coast Guard 
Commandant, Admiral Thad Allen, Dr. Leo Mackay, President of 
Integrated Coast Guard Systems, and Mr. Phillip Teel, President 
of Northrop Grumman Ship Systems. The Subcommittee also 
considered the findings of a report released by the Department 
of Homeland Security's Office of Inspector General (``DHS 
IG''), which indicated that the National Security Cutter 
(``NSC''), the largest asset to be procured under Deepwater, 
suffers from extensive design flaws that will likely reduce its 
service life. The DHS IG's report suggested that the Coast 
Guard and its contractors knowingly built a ship with a flawed 
design that may require expensive repairs and may still not 
meet the service requirements of the Deepwater contract.

       Oversight Hearing of Coast Guard Short Sea Shipping System

    On February 15, 2007, the Subcommittee held a hearing to 
examine the state of short sea shipping--which is the 
waterborne movement of commercial freight between two ports in 
the United States or between ports in the United States and 
Canada--and to identify the impediments that may be limiting 
the growth of short sea shipping.
    At the present time, the most highly developed water 
freight transportation systems in the United States operate on 
the Mississippi River, the Great Lakes, and the St. Lawrence 
Seaway and often carry agricultural products and other raw 
materials. However, the Maritime Administration has found that 
these routes are carrying only about 13 percent of total 
freight tonnage in the United States. By comparison, nearly 70 
percent of the freight tonnage transported in the United States 
is moved by trucks traveling across our nation's roadways.
    Witnesses who testified during the hearing, including Mr. 
Collister Johnson, the Administrator of the St. Lawrence Seaway 
Development Corporation, and Mr. Greg Ward, Vice President of 
the Detroit-Windsor Truck Ferry, stated that one of the 
greatest impediments to the development of short sea shipping 
is the Harbor Maintenance Tax, which is a tax assessed on cargo 
loaded or unloaded at a U.S. port at the rate of $125 per 
$100,000 of cargo value. This tax was identified as a factor 
limiting the growth of short sea shipping because it is not 
applied to cargo movements on other transportation modes, it 
can be difficult to collect (because it is assessed on an ad 
valorum basis), and because cargo can be double-taxed under 
certain circumstances.

       Coast Guard Budget and Authorization for Fiscal Year 2008

    On March 8, 2007, the Subcommittee held a hearing to 
consider the Administration's fiscal year (``FY'') 2008 budget 
requests for the U.S. Coast Guard. The Subcommittee also 
received testimony from the Coast Guard, the DHS IG, and the 
Government Accountability Office on Deepwater.
    Regarding the Coast Guard's FY 2008 budget request, 
testimony indicated that proposed funding levels for search and 
rescue, marine safety, aids-to-navigation, icebreaking, and the 
protection of living resources were all lower than amounts that 
were appropriated for these purposes in fiscal year 2007. 
Commandant Allen also testified about specific capital needs 
that were unmet in the fiscal year 2008 budget request, 
particularly capital to upgrade housing facilities.
    Regarding the Deepwater procurements, the DHS Inspector 
General, Mr. Richard Skinner, testified that the Coast Guard 
had had difficulty holding contractors working on the Deepwater 
procurements accountable because asset operational and 
performance requirements were poorly defined. He also testified 
that the Coast Guard did not have the right number of staff--or 
the right mix of professional expertise--to manage the 
Deepwater acquisitions. Mr. Skinner also emphasized that 
because there is no career path for military personnel in the 
Coast Guard to pursue appointment to acquisitions-related 
positions, it is difficult to ensure that these personnel 
receive the training and experience they need to manage a major 
acquisition.

                Crimes Against Americans on Cruise Ships

    On March 27, 2007, the Subcommittee held a hearing to 
examine the incidents of crime that occur on cruise ships and 
the extent to which Federal agencies have the information, 
legal authorities, and resources necessary to investigate and 
prosecute crimes that may occur on these ships.
    There are approximately 200 overnight ocean-going cruise 
ships worldwide, only three of which operate under the U.S. 
flag. Because of their foreign registration, cruise ships are 
not subject to the same laws with which land-based corporations 
or U.S.-flag vessels must comply. However, section 7 of title 
18, United States Code, gives the United States Government 
extraterritorial jurisdiction over these vessels in limited 
circumstances when these vessels are operating under the 
``Special Maritime and Territorial Jurisdiction'' of the United 
States (``SMTJ''). Even with this jurisdiction, however, the 
crimes over which the U.S. asserts jurisdiction are limited--
and while crime appears to be rare on cruise ships, the unique 
circumstances of cruising can make it very difficult for U.S. 
authorities to investigate crimes on cruise ships in a timely 
manner or to prosecute those who commit crimes. The Federal 
Bureau of Investigation (``FBI'') indicated that it opened only 
50 to 60 case files each year for crimes on cruise ships.
    Under the terms of section 7 of title 18, cruise lines are 
not legally required to report crimes to U.S. government 
officials unless they occur within the 12-mile territorial 
waters of the United States. However, at the time of the March 
2007 hearing, many cruise lines had been voluntarily reporting 
alleged crimes to the FBI regardless of where they occurred. 
Testimony presented during the hearing indicated that the 
cruise industry, the FBI, and the Coast Guard were developing a 
voluntary reporting scheme that would define the types of 
incidents to be reported to the FBI and the timeframe within 
which they were to be reported.
    At the conclusion of this hearing, at the request of the 
Subcommittee Chairman, representatives of the cruise line 
industry and victims and the family members of victims of 
alleged crimes on cruise ships agreed to meet to examine ways 
of improving security and safety on cruise ships.

  Safety and Security of Liquefied Natural Gas and the Impact on Port 
                               Operations

    On April 23, 2007, the Subcommittee conducted a field 
hearing in Baltimore, Maryland to examine the safety and 
security of LNG terminals and their impact on port operations. 
The hearing also examined the proposed AES Sparrows Point LNG 
terminal at Sparrows Point in the Port of Baltimore to assess 
its potential impact on the safety and security of the City of 
Baltimore as well as on the operations of the Port of 
Baltimore.
    The authority to approve or deny the proposed siting of an 
on-shore LNG terminal rests with the Federal Energy Regulatory 
Commission (``FERC''). However, the Coast Guard assists FERC in 
evaluating proposed sitings by issuing a waterway suitability 
report, which assesses the potential impact of a proposed 
terminal on maritime operations in the vicinity of the proposed 
terminal and the security needs and security impacts of 
proposed terminals. The Coast Guard also imposes security zones 
and specific security requirements around the tanker ships that 
service LNG terminals.
    Testimony presented at this hearing indicated that at the 
Cove Point LNG facility in Calvert County, Maryland, the Coast 
Guard had transferred some responsibilities for providing 
waterside security around the terminal and tankers to the 
terminal operator, which had contracted with the local 
sheriff's department for security services. This transfer of 
responsibility eased demands placed on the Coast Guard's 
limited resources.

                         Fishing Vessel Safety

    On April 25, 2007, the Subcommittee held a hearing to 
examine the safety of U.S. commercial fishing vessels and the 
extent to which the provisions of the Commercial Fishing 
Industry Vessel Safety Act of 1988 (P.L. 100-424) have led to 
improved safety in the industry.
    Commercial fishing is the most hazardous occupation in the 
United States according to the Department of Labor's Bureau of 
Labor Statistics, which has found that the rate of death among 
commercial fishermen is 118 per 100,000 workers. A study 
published by the Coast Guard in 2006 found that between 1994 
and 2004, even as commercial fishing levels declined, 1,398 
commercial fishing vessels were lost, resulting in 641 deaths. 
The industry appears to have such a high casualty rate because 
fishing vessels--unlike other commercial vessels--are not 
required to be built to standards specified by the Coast Guard, 
crewmembers are generally not required to be licensed or 
documented by the Coast Guard or to complete specific 
professional training courses, and compliance with existing 
regulations regarding life-saving equipment required to be 
carried on board a commercial fishing vessel and the conduct of 
required safety drills is not universal. This hearing examined 
whether safety standards applying to other commercial vessels 
operating in hazardous waters should be applied to commercial 
fishing vessels.
    Witnesses, including representatives from the Coast Guard, 
researchers, trainers, and fishermen, supported taking 
additional steps to improve safety in what is America's most 
hazardous industry. Safety measures recommended for 
consideration included increasing requirements for training for 
operators of commercial fishing vessels, increasing pre-season 
safety compliance checks, and mandatory dockside examinations, 
imposing regulatory parity on all vessels operating beyond 
three nautical miles of the coast, and expediting the 
promulgation of pending safety regulations, particularly 
regarding stability on smaller fishing vessels.

              Safety and Security of Liquefied Natural Gas

    On May 7, 2007, the Subcommittee conducted a field hearing 
in Farmingville, New York, to examine the safety and security 
of LNG terminals and their impact on port operations. The 
hearing also examined the proposed Broadwater floating LNG 
terminal in Long Island Sound.
    In its Waterway Suitability Report for the proposed 
Broadwater terminal, the Coast Guard indicated that based on 
its current levels of mission activity, Sector Long Island did 
not have adequate resources to implement the measures it 
considered necessary to manage the risks to navigation safety 
and maritime security associated with the proposed terminal. 
Captain Mark O'Malley, Chief of Ports and Facilities Activities 
with the Coast Guard, testified that given the costs associated 
with conducting waterway assessments for each of the 
approximately 40 proposed terminal projects going through some 
stage of the regulatory process, and the Coast Guard's 
challenges in identifying resources to provide security around 
proposed terminals, that it would make sense from the Coast 
Guard's perspective for the U.S. to have a national LNG 
terminal siting policy.

                       Deepwater: 120-Day Update

    On June 12, 2007, the Subcommittee held a hearing to 
receive an update from Admiral Thad Allen, the Commandant of 
the United States Coast Guard, on steps he had taken during the 
past 120 days (the time that has elapsed from a hearing held on 
Deepwater by the Subcommittee in January 2007) to improve the 
management of the Deepwater contract. The Subcommittee also 
heard from the Inspector General of the Department of Homeland 
Security, Richard Skinner.
    On April 17, 2007, Admiral Allen announced six changes to 
the Coast Guard's management of the Deepwater program. Among 
these changes, he announced that the Coast Guard would assume 
the role of lead systems integrator and would manage life-cycle 
logistics functions for assets procured under Deepwater; he 
also announced that the service would expand the role of the 
American Bureau of Shipping and other appropriate third parties 
to ensure that design and construction standards are met. He 
further announced that the Coast Guard would contract with 
prime vendors when it was in the best interest of the 
government to do so. This hearing was called to examine how 
these new policies would be implemented.
    Inspector General Skinner testified that while the Coast 
Guard needed to assume more direct control over the Deepwater 
procurements, it would take the Coast Guard a significant 
amount of time to fully implement the changes Admiral Allen had 
announced, including time to put the personnel in place who 
could manage those aspects of the lead systems integration and 
life-cycle logistics functions being brought into the Coast 
Guard. He also testified that the Coast Guard should develop a 
performance baseline so that it could measure its progress in 
implementing planned changes.

           Transportation Workers Identification Card System

    On July 12, 2007, the Subcommittee held a hearing to 
examine the Transportation Worker Identification Credential 
(``TWIC'') program. The TWIC program was established by the 
Maritime Transportation Security Act of 2002 to ensure that 
transportation workers who have access to secure areas of 
maritime facilities do not pose a terrorism security risk. The 
Security and Accountability for Every Port Act of 2006 (``SAFE 
Port Act'') required that individuals who had been found guilty 
of treason, espionage, sedition, or terrorism be prevented from 
getting a TWIC. Regulations identify other convictions that 
disqualify individuals from getting a TWIC and the duration of 
the disqualifications. Applicants who are initially denied a 
TWIC can appeal if they believe the decision was based on 
erroneous information. Applicants denied a TWIC based on prior 
convictions can appeal for a waiver. Decisions pertaining to 
waiver requests are based on the circumstances of the 
convictions and restitution made by the individual for the 
conviction.
    The Subcommittee convened the hearing to learn about the 
administrative issues that have delayed the implementation of 
this program for years and whether the appeal process for 
transportation realistically assesses the likelihood that the 
applicant poses a terrorism security risk. At the conclusion of 
the hearing, it remained unclear whether the Transportation 
Security Administration could issue all TWICs to those who 
needed one by the September 2008 implementation deadline. In 
addition, testimony indicated that the rules that will guide 
the development of the readers that are needed to enable the 
TWIC to be used to control access to secure locations had not 
been finalized and the Coast Guard could not state when these 
would be issued.

         Review of the Coast Guard's Administrative Law System

    On July 31, 2007, the Subcommittee held a hearing on the 
Coast Guard's administrative law system. Administrative 
agencies of the executive branch of the Federal Government are 
assigned by Congress to conduct rulemakings and to enforce 
their agency regulations. The body of law that pertains to 
these activities is called administrative law, while the judges 
who conduct trial type hearings in the rulemaking and 
adjudicatory processes are called administrative law judges 
(``ALJs'').
    The Coast Guard brings two types of cases against mariners 
that are adjudicated by ALJs: suspension and revocation (``S & 
R'') cases, which are those cases in which the Coast Guard 
alleges mariner misconduct or negligence and seeks either the 
temporary suspension or the permanent revocation of a mariner's 
professional credential, and Class II civil offenses, which are 
those offenses for which civil penalties exceeding $25,000 may 
be assessed.
    This hearing examined whether the policies and procedures 
that govern the Coast Guard's administrative law system comport 
with the requirements of the Administrative Procedures Act to 
ensure that all mariners accused in S & R cases receive fair 
hearings. The Subcommittee heard testimony from former Coast 
Guard ALJs alleging impropriety in the management of the 
administrative law system, including improper contact between 
members of the administrative law system and other Coast Guard 
personnel, accusations that the Chief ALJ pressured judges to 
rule in favor of the Coast Guard, and accusations that judges 
may have been subjected to hostile work conditions. In 
addition, the Subcommittee examined the application of CFR Part 
20, Section 601 pre-hearing discovery regulations during the 
conduct of administrative adjudications and examined the impact 
that the changes in procedural rules made in 1999 have had on 
the conduct of adjudications.

       Challenges Facing the Coast Guard's Marine Safety Program

    On August 2, 2007, the Subcommittee held a hearing to 
examine the challenges facing the Coast Guard's Marine Safety 
program. The marine safety program is the program within the 
Coast Guard that regulates maritime transportation, including 
issuing official credentials to mariners, inspecting vessels 
for compliance with design and safety standards, and 
investigating accidents that occur in the marine environment 
(called marine casualties). The Subcommittee was concerned that 
after the Coast Guard assumed significant new homeland security 
missions following the terrorist attacks of September 11, 2001, 
the Service may have lost expertise in these regulatory 
missions, particularly given the increasing complexity of the 
maritime industry.
    Witnesses representing industry and labor were critical of 
the Coast Guard's marine safety performance, and indicated that 
they believed those assigned to marine safety functions did not 
always have the competence needed to conduct thorough 
inspections. Several witnesses suggested that the Coast Guard 
should civilianize billets related to marine safety to ensure 
that personnel developed professional expertise as well as 
continuity in a single geographic area. Additionally, many 
professionals in the maritime industry felt that they were not 
treated with respect--and that the Coast Guard approached some 
marine safety functions with a law enforcement mentality--and 
they reported delays in obtaining services from the Coast 
Guard, including the issuance and renewal of professional 
credentials. The Coast Guard Commandant, Admiral Thad Allen, 
testified that the service had developed a substantial backlog 
of rulemaking projects that had not yet been completed due to 
the resource demands facing the service. Admiral Allen also 
promised to develop a ``marine safety enhancement program'' to 
address these issues.

             Cruise Ship Security Practices and Procedures

    On September 19, 2007, the Subcommittee held a follow up 
hearing on cruise ship security practices and procedures. 
During the March 27, 2007 Subcommittee hearing, entitled 
``Crimes Against Americans on Cruise Ships'', representatives 
of the Cruise Lines International Association, Inc (``CLIA'') 
and the victims and family members of victims of alleged crimes 
on cruise ships agreed at the Chairman's request to meet to 
discuss: (1) potential refinements in procedures for reporting 
alleged crimes on cruise ships to U.S. authorities; and (2) 
specific measures that could be implemented to improve the 
safety and security of passengers on cruise ships. These 
parties further agreed to re-appear before the Subcommittee to 
provide an update on the status of their discussions. This 
hearing was convened to receive that update and to examine 
whether the security practices and procedures aboard cruise 
ships are adequate to ensure the safety of all passengers.
    Testimony indicated that on April 1, 2007, the members of 
CLIA, the FBI, and the United States Coast Guard implemented a 
voluntary agreement that defined the processes that would 
govern the reporting by cruise lines to the FBI and the Coast 
Guard of crimes over which U.S. jurisdiction might apply. The 
Coast Guard testified that since the agreement had been put in 
place, 4,379,808 passengers had embarked on cruise lines 
operated by the member firms of CLIA; the FBI reported that 207 
incidents had been reported to it by CLIA members between April 
1, 2007, and August 24, 2007. CLIA and the victims and family 
members of the victims of alleged crimes on cruise ships 
reported having several meetings to discuss specific security 
improvements that could be put in place on cruise ships, but no 
formal agreements had been reached regarding specific measures 
that would be implemented.

                  Mariner Education and the Work Force

    On October 17, 2007, the Subcommittee held a hearing on 
trends and innovations in mariner education and to assess how 
growing workforce shortages will affect the maritime industry 
as trade continues to increase. Specifically, the hearing 
considered the possible impact of various factors on workforce 
shortages, including wage levels; lifestyle challenges 
associated with employment in the maritime industry; and 
training requirements imposed by the Standards of Training, 
Certification, and Watchkeeping (``STCW'') Convention.
    The Coast Guard indicated that there were more than 130,000 
unlicensed mariners with Merchant Mariner Documents and more 
than 212,500 licensed mariners in the United States at the time 
of this hearing. The average age of a merchant mariner with a 
Master's license was 51, while the average age of a Chief 
Engineer was 50. More than 28 percent of inland pilots and 
captains were over the age of 55 and would be eligible to 
retire in the next seven years.
    Witnesses testified about the significant challenges they 
have recruiting and retaining vessel personnel. They also 
discussed the challenges mariners face moving from entry-level 
jobs on deck to the wheelhouse to become Masters or from entry-
level positions in the engine room to Chief Engineers (known as 
``hawsepiping''). Witnesses suggested that Federal assistance 
could be provided to support mariner education programs. The 
Administrator of the United States Maritime Administration, 
Sean Connaughton, indicated that the maritime industry is 
experiencing a major recapitalization in practically every 
segment of the U.S. merchant fleet. He indicated that the 
towing, passenger, and offshore operators are reporting 
workforce shortages and stated that the Maritime Administration 
was conducting a survey to identify trends in the mariner 
workforce to identify the true magnitude of the mariner 
shortage.

      San Francisco: November 2007 Oil Spill Causes and Responses

    On November 19, 2007, the Subcommittee conducted a field 
hearing in San Francisco, California, regarding the spill of 
58,000 gallons of fuel oil into San Francisco Bay that occurred 
when the M/V COSCO BUSAN allided with the San Francisco-Oakland 
Bay Bridge on November 7, 2007.
    The Coast Guard had initially stated that approximately 140 
gallons had been released following the collision of the COSCO 
BUSAN with the Bay Bridge; it was nearly nine hours later when 
the Coast Guard publicly announced that the size of the spill 
was actually on the order of 58,000 gallons. The Coast Guard 
indicated, however, that the delay in calculating the full size 
of the spill did not delay or affect the size of the response 
to the oil spill. The Coast Guard's preliminary investigation 
of the incident did not discover any vessel mechanical or 
system problems; human error was believed to be the most 
probable cause.

 Transportation Workers Identification Card System--Follow Up, January 
                                23, 2008

    On January 23, 2008, the Subcommittee held a hearing to 
examine the continued roll-out of the Transportation Worker 
Identification Credential. Active enrollment had been underway 
for approximately 90 days at the time of the hearing. The 
Transportation Security Administration (``TSA'') which, along 
with the United States Coast Guard, is responsible for managing 
implementation of TWIC, reported that as of January 11, 2008, 
49 of 147 planned enrollment centers had been opened. 
Approximately 109,000 TWIC pre-enrollments had been initiated, 
just under 50,000 enrollments had been completed, and just 
under 12,000 physical TWIC cards had been distributed to 
workers in the maritime community as of that date.
    Testimony presented at the hearing revealed that initial 
estimates of the population that would enroll were far too low. 
TSA had estimated that approximately 750,000 people would 
enroll but it is now estimated that more than one million 
people will apply for the card. Reports from workers as well as 
port authorities, such as the Maryland Port Administration, 
also revealed glitches at several enrollment centers that had 
caused unacceptable inconveniences for those seeking to enroll. 
Additionally, while a deadline for enrollment has been 
established (September 25, 2008), the Coast Guard had not yet 
announced the dates by which the captain of the port zones will 
begin phasing in use of the card as an access control measure. 
Further, the Coast Guard had not yet completed a planned 
rulemaking that would specify which vessels would be required 
to install readers to utilize the TWIC to control access to 
secure areas.

   FY 2009 Budget Requests for the Coast Guard and the United States 
                        Maritime Administration

    On February 26, 2008, the Subcommittee held a hearing to 
examine the Administration's fiscal year 2009 budget requests 
for the Coast Guard and the Maritime Administration 
(``MARAD''). The President requested $8.8 billion for fiscal 
year 2009 Coast Guard activities, an increase of approximately 
$459 million over the amount enacted in fiscal year 2008 for 
the service. The Coast Guard's request included a request for 
276 additional personnel to fill billets in the marine safety 
program. However, Vice Admiral Robert Papp, the Coast Guard 
Chief of Staff, was unable to state specifically how many 
additional personnel the Coast Guard would need to ensure that 
its end strength would be adequate to its mission needs.
    MARAD's mission is to strengthen the United States' 
maritime transportation system--including its infrastructure, 
industry, and labor--to meet the economic and security needs of 
the nation. MARAD works to ensure that the United States 
maintains adequate shipbuilding and repair services, efficient 
ports, effective intermodal water and land transportation 
systems, and reserve shipping capacity for use in time of war. 
The President requested $313.3 million in fiscal year 2009 for 
MARAD, a decrease of approximately $21,000 below the amount 
enacted in 2008 for this agency.

         Cosco Busan and Marine Casualty Investigation Program

    On April 10, 2008, the Subcommittee held a hearing to 
receive a report from the DHS IG entitled ``Collision of the M/
V COSCO BUSAN with the San Francisco-Oakland Bay Bridge''. This 
report was completed pursuant to a request made by Speaker of 
the House Nancy Pelosi and Subcommittee Chairman Elijah E. 
Cummings on December 4, 2007.
    The DHS IG was very critical of the Coast Guard's 
investigation of this marine casualty. The IG found that five 
of the six individuals assigned to marine casualty investigator 
billets were not qualified for those positions; all three of 
the individuals who responded to the COSCO BUSAN were 
unqualified as marine casualty investigators. Likely as a 
result of inadequate training and experience--and the use of 
inadequate manuals--the investigators who responded to the 
COSCO BUSAN failed to identify, collect, and secure perishable 
evidence related to this casualty. Additionally, the Coast 
Guard incorrectly classified the investigation of the COSCO 
BUSAN casualty as an informal investigation rather than a 
formal investigation.
    During this hearing, the Subcommittee also examined the 
sinking of the Fishing Vessel ALASKA RANGER on March 23, 2008, 
which caused the deaths of five crewmembers (including the 
Master, the Mate, Chief Engineer, the Fishing Master, and a 
crew member). This incident is the subject of on-going 
investigations by a Coast Guard Marine Board of Investigation 
and by the National Transportation Safety Board (``NTSB''). The 
ALASKA RANGER was a freezer trawler that was one of 40 to 50 
vessels participating in the Alternative Compliance and Safety 
Agreement (``ACSA'') program developed by Coast Guard Districts 
13 (Pacific Northwest) and 17 (Alaska) after several tragedies 
involving other ships in this fleet. The ALASKA RANGER was 
enrolled in the ACSA but was not in full compliance with all of 
the provisions of the program agreement despite the fact that 
the deadline for completing all items identified by the Coast 
Guard as needing improvement or correction was January 1, 2008.

              FY 2009 Budget: Federal Maritime Commission

    On April 15, 2008, the Subcommittee held a hearing on the 
Federal Maritime Commission's (``FMC'') fiscal year 2009 budget 
request. At the time of this hearing, the FMC lacked a Chairman 
and the four Commissioners serving at the FMC were responsible 
for collectively exercising management of the Commission and 
for conducting its regulatory business. At that time, one 
Commissioner, Mr. Paul Anderson, had been nominated by the 
President to serve as Chairman of the Commission, but his 
nomination had not been considered by the Senate.
    Testimony revealed that in the months prior to this 
hearing, the FMC was rarely holding public meetings. Testimony 
also suggested that the four Commissioners had limited 
visibility over the administration of the Commission. Responses 
provided by FMC employees to an earlier Federal Human Capital 
Survey revealed that the employees had deep concerns about the 
administration of the Commission, including concerns about the 
effectiveness of the management exercised by senior leadership, 
fairness in the resolution of disputes and complaints, and the 
ability of the Commission to recruit qualified personnel.

          Coast Guard and NTSB Casualty Investigation Program

    On May 20, 2008, the Subcommittee held a hearing to receive 
a report from the DHS IG entitled ``United States Coast Guard's 
Management of the Marine Casualty Investigation Program'' (OIG-
08-51, May 2008). The Subcommittee also received testimony from 
the NTSB and the Coast Guard regarding which agency should 
exercise primacy in the conduct of marine casualty 
investigations.
    The Inspector General's office testified that its 
examination of the Coast Guard's marine safety program had 
found that there were significant deficiencies in the 
operations of the program. Specifically, the IG stated that the 
Coast Guard's marine casualty investigation program is 
``hindered by unqualified personnel'', by ``investigations 
conducted at inappropriate levels'', and by ``ineffective 
management of a substantial backlog of investigations needing 
review and closure.''
    Currently, the NTSB and the Coast Guard share 
responsibility for investigating marine casualties under a 
Memorandum of Understanding (``MOU''). The NTSB testified that 
the MOU has at times proven awkward in cases in which the NTSB 
has elected to conduct an investigation only to find that in 
some instances, the Coast Guard has failed to preserve vital 
evidence. The NTSB testified in support of a proposal to have 
the option to elect to lead or have primary status in major 
marine investigations. The NTSB stated that it has similar 
authority for other modes of transportation, and that its 
proposal in the maritime arena was intended to provide clear 
authority to enable the Board to take the lead in the immediate 
aftermath of a marine casualty. The Coast Guard strongly 
opposed the NTSB's proposed legislative change.

                 Rebuilding Vessels Under the Jones Act

    On June 11, 2008, the Subcommittee held a hearing on 
rebuilding vessels under the Jones Act. Vessels that ply the 
coastal trade in the United States providing service between 
domestic destinations must comply with the requirements of the 
Jones Act, meaning that they must be built in a U.S. shipyard, 
owned by an American, and crewed by Americans. A provision 
added to the Jones Act in 1956--and now known as the ``Second 
Proviso''--requires that these vessels also be rebuilt in U.S. 
shipyards.
    In 1996, the Coast Guard issued regulations intended to 
establish specific standards regarding what constitutes a 
``rebuild'' that could be uniformly applied to all Jones Act 
vessels. However, testimony presented during the Subcommittee's 
hearing suggests that these regulations have not provided the 
clarity that is necessary to ensure fair and adequate 
enforcement of the Jones Act rebuild provisions. The Coast 
Guard also testified that its National Vessel Documentation 
Center does not verify whether an applicant is being completely 
truthful on the applications that are submitted for initial 
rebuild determinations or final rebuild decisions.
    The application of the Jones Act rebuild regulations are 
now the subject of several pending court cases. Witnesses 
representing U.S. ship-owners and ship-builders testified about 
what they considered to be the excessive rebuilding of certain 
ships that has been permitted to occur in foreign yards and 
argued that the Coast Guard's process for approving such 
rebuild decisions lacks adequate transparency.

Federal Maritime Commission Management and Regulation of International 
                                Shipping

    On June 19, 2008, the Subcommittee held a hearing regarding 
the management of the Federal Maritime Commission and to 
examine the FMC's regulation of international shipping.
    Subsequent to the April 15, 2008 hearing, Mr. Paul 
Anderson, a sitting Commissioner who had been nominated by the 
President to serve as Chair of the FMC, withdrew his nomination 
to serve as Chair of the Commission and resigned from the 
Commission. The three remaining Commissioners testified that 
they had begun to hold regular business meetings to consider 
regulatory business and that they had initiated a plan to 
strengthen the management of the FMC.
    The hearing also considered the current status of the 
regulation of shipping cartels, which are collections of ocean-
going liner services that collude to set prices and service 
levels. In 1916, Congress passed a Shipping Act that formally 
sanctioned the existing cartel system by granting immunity from 
antitrust requirements in certain circumstances for the tariff 
decisions and other actions taken by ocean common carriers 
acting in collusion. In 1984, Congress passed legislation that 
allowed carriers to enter into service contracts with shippers 
but the cartels continued to limit the ability of carriers to 
enter such agreements.
    The Shipping Act of 1984 was subsequently amended by the 
Ocean Shipping Reform Act of 1998, which allowed carriers to 
establish confidential service contracts without the approval 
of conferences and without the disclosure of the negotiated 
rates. Nonetheless, the Act did not eliminate the conference 
system and the Act continued to grant antitrust immunity to 
many acts taken by carriers acting in collusion with one 
another. However, the European Union eliminated the antitrust 
immunity for cartels' rate setting activities in 2008. Several 
industry witnesses argued that the United States should also 
move to eliminate the cartels' immunity for rate setting 
activities, while others argued that the maritime shipping 
field continues to have unique characteristics that require 
limited grants of antitrust immunity.

                        Coast Guard Icebreaking

    On July 16, 2008, the Subcommittee held a hearing on the 
Coast Guard's icebreaking capabilities. The Coast Guard is 
responsible for both domestic icebreaking on the Great Lakes 
and along the Eastern Coast of the United States and polar 
icebreaking in support of scientific research in the Arctic and 
Antarctic. The Coast Guard currently has three polar class 
icebreakers (one of which is in lay-up status due to its need 
for significant maintenance) and a number of multi-purpose 
vessels that break ice and service aids-to-navigation in 
domestic waters.
    The Coast Guard, the National Science Foundation, and the 
Arctic Research Commission all support the acquisition of 
additional polar class icebreaking assets to support scientific 
research and respond to emergencies, particularly in the 
Arctic, which has less ice cover each year due to climate 
change. Representatives from Great Lakes shipping interests 
testified in support of additional domestic icebreaking assets 
to ensure that the thousands of tons of raw materials and cargo 
transported on the Lakes in the winter can safely reach 
American refineries, factories, and consumers.

 Port Development and the Environment in the Ports of Los Angeles and 
                               Long Beach

    On August 4, 2008, the Subcommittee held a field hearing to 
examine the efforts of the Ports of Los Angeles and Long Beach 
to meet infrastructure needs, including through the assessment 
of a container fee that will be applied to containers passing 
through the port and then expended on projects intended to 
improve infrastructure in and around the port areas.
    The Subcommittee also considered the ports' efforts to 
reduce emissions from port-related activities, including from 
trucks that provide drayage services at the ports as well as 
from vessels in transit to and from the ports. Specifically, 
the hearing examined the ports' adoption of the San Pedro Bay 
Ports Clean Air Action Plan, including the Plan's ``Clean 
Trucks'' program. Under the Clean Trucks program, the Ports of 
Los Angeles and Long Beach plan to assess a fee on each 
container loaded in the port to generate the funding necessary 
to replace the entire fleet of trucks providing drayage 
services at the ports with clean trucks meeting 2007 federal 
emissions standards.

  Diversity in the Coast Guard, Including Recruitment, Promotion, and 
                    Retention of Minority Personnel

    On September 10, 2008, the Subcommittee held a hearing 
regarding diversity in the Coast Guard, including the 
recruitment, promotion, and retention of minority personnel. 
The hearing examined diversity at all levels of the service, 
including in enrollments at the Coast Guard Academy, and 
accessions from all sources to the Coast Guard's officer corps 
and enlisted ranks.
    This hearing assessed the measures being taken by Coast 
Guard leadership to achieve diversity in its ranks and assessed 
the legal authorities needed to recruit, retain and promote 
people to achieve a diverse workforce. The Coast Guard 
discussed a service-wide message it recently issued to its 
personnel that detailed leadership diversity initiatives the 
service intended to pursue. These initiatives appeared 
promising but lacked detail on how specific initiatives would 
be fully implemented or what measures would be made to assess 
whether they were working to achieve diversity goals.

 Oil Spill in New Orleans in July 2008 and Safety on the Inland River 
                                 System

    On September 16, 2008, the Subcommittee held a hearing to 
examine the circumstances surrounding the spill of 282,828 
gallons of oil into the Mississippi River near New Orleans, 
Louisiana, that occurred on July 23, 2008, when a barge being 
pushed by a towing vessel crossed in front of a tanker ship and 
was severely damaged by the tanker. The towing vessel involved 
in the casualty, the Mel Oliver, was not being operated at the 
time of the collision by a properly licensed master. Two weeks 
prior to the New Orleans oil spill, the firm operating the Mel 
Oliver, DRD Towing, had sunk another towing vessel that was 
also operated by an improperly licensed individual.
    Witnesses familiar with the towing industry testified that 
the operation of towing vessels by improperly licensed 
personnel--and violations of the 12-hour rule that limits the 
amount of time licensed personnel can work on-duty on towing 
vessels to 12 hours in a 24-hour period--are common. Some 
witnesses suggested that firms that operated with improperly 
licensed personnel or that violate laws intended to limit 
working hours may look upon any fines that they may incur for 
such violations as simply the ``cost of doing business.''
    The Subcommittee also looked more broadly at safety in the 
towing industry, including the status of the Coast Guard's 
effort to complete a rulemaking needed to begin the process of 
inspecting all towing vessels, as required by the Coast Guard 
and Maritime Transportation Act of 2004 (P.L. 108-293). The 
Coast Guard pledged to issue a notice of proposed rulemaking to 
initiate that rulemaking process by the spring of 2009. As part 
of the inspection process, the Coast Guard will be required to 
set manning levels. Such levels must be adequate to ensure that 
a towing vessel has all of the personnel it needs to operate 
safely, and to ensure that licensed crew members are not placed 
in a position in which simple mathematics suggests that 
violations of the 12-hour rule may be occurring.

  Summary of Activities for the Subcommittee on Economic Development, 
               Public Buildings, and Emergency Management

    During the 110th Congress, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management, 
chaired by Representative Eleanor Holmes Norton, with 
Representative Sam Graves serving as Ranking Member, held 34 
hearings (166 witnesses and approximately 81 hours) covering 
the breadth of issues within the jurisdiction of the 
Subcommittee.
    The following bills and resolutions were enacted in the 
110th Congress:
          Public Law 110-53, Title II, to amend the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act 
        to authorize funding for emergency management 
        performance grants, and for other purposes,
          Public Law 110-28, Title IV, Chapter 5, sections 4501 
        and 4502, the Hurricanes Katrina, Rita, and Wilma 
        Federal Match Relief Act of 2007,
          Public Law 110-161, Division G, Title VI, sections 
        601-613, the Kids in Disasters Well-being, Safety, and 
        Health Act of 2007,
          Public Law 110-371, the Appalachian Regional 
        Development Act Amendments of 2008,
          Public Law 110-234, Title VI, sections 6025 and 6026, 
        and Title XIV, section 14217, the Regional Economic and 
        Infrastructure Development Act of 2007,
          Public Law 110-338, the John F. Kennedy Center 
        Reauthorization Act of 2008,
          Public Law 110-359, the Old Post Office Building 
        Redevelopment Act of 2008,
          Public Law 110-356, the Federal Protective Service 
        Guard Contracting Reform Act of 2008,
          Public Law 110-341, to amend Public Law 108-331 to 
        provide for the construction and related activities in 
        support of the Very Energetic Radiation Imaging 
        Telescope Array System (VERITAS) project in Arizona,
          Public Law 110-427, to authorize the Administrator of 
        General Services to take certain actions with respect 
        to parcels of real property located in Eastlake, Ohio, 
        and Koochiching County, Minnesota, and for other 
        purposes,
          Public Law 110-244, Title IV, section 401, to 
        authorize the Administrator of General Services to 
        convey a parcel of real property to the Alaska Railroad 
        Corporation,
          Public Law 110-244, Title IV, section 402, to provide 
        for the conditional conveyance of any interest retained 
        by the United States in St. Joseph Memorial Hall in St. 
        Joseph, Michigan,
          Public Law 110-249, to amend the International Center 
        Act to authorize the lease or sublease of certain 
        property described in such Act to an entity other than 
        a foreign government or international organization if 
        certain conditions are met,
          Public Law 110-16, to provide for the construction, 
        operation, and maintenance of an arterial road in St. 
        Louis County, Missouri,
          Public Law 110-376, the United States Fire 
        Administration Reauthorization Act of 2008,
          Public Law 110-178, the U.S. Capitol Police and 
        Library of Congress Police Merger Implementation Act of 
        2007,
          Public Law 110-139, to provide that the great hall of 
        the Capitol Visitor Center shall be known as 
        Emancipation Hall,
          Public Law 110-13, to designate the United States 
        courthouse located at 555 Independence Street, Cape 
        Girardeau, Missouri, as the ``Rush Hudson Limbaugh, Sr. 
        United States Courthouse'',
          Public Law 110-14, to designate the United States 
        courthouse at South Federal Place in Sante Fe, New 
        Mexico, as the ``Santiago E. Campos United States 
        Courthouse'',
          Public Law 110-15, to designate the headquarters 
        building of the Department of Education in Washington, 
        DC as the ``Lyndon Baines Johnson Department of 
        Education Building'',
          Public Law 110-20, to redesignate the Federal 
        building located at 167 North Main Street in Memphis, 
        Tennessee, as the ``Clifford Davis and Odell Horton 
        Federal Building'',
          Public Law 110-25, to designate the Federal building 
        and United States courthouse and customhouse located at 
        515 West First Street in Duluth, Minnesota, as the 
        ``Gerald W. Heaney Federal Building and United States 
        Courthouse and Customhouse'',
          Public Law 110-46, to designate a United States 
        courthouse located in Fresno, California, as the 
        ``Robert E. Coyle United States Courthouse'',
          Public Law 110-146, to designate the United States 
        Courthouse located at 301 North Miami Avenue, Miami, 
        Florida, as the ``C. Clyde Atkins United States 
        Courthouse'',
          Public Law 110-158, to designate the Federal building 
        located at 210 Walnut Street in Des Moines, Iowa, as 
        the ``Neal Smith Federal Building'',
          Public Law 110-159, to designate the Federal building 
        and United States courthouse located at 100 East 8th 
        Avenue in Pine Bluff, Arkansas, as the ``George Howard, 
        Jr. Federal Building and United States Courthouse'',
          Public Law 110-262, to designate the United States 
        bankruptcy courthouse located at 271 Cadman Plaza East, 
        Brooklyn, New York, as the ``Conrad Duberstein United 
        States Bankruptcy Courthouse'',
          Public Law 110-264, to designate the station of the 
        United States Border Patrol located at 25762 Madison 
        Avenue in Murrieta, California, as the ``Theodore L. 
        Newton, Jr. and George F. Azrak Border Patrol 
        Station'',
          Public Law 110-266, to designate the Port Angeles 
        Federal Building in Port Angeles, Washington, as the 
        ``Richard B. Anderson Federal Building'',
          Public Law 110-276, to designate the United States 
        customhouse building located at 31 Gonzalez Clemente 
        Avenue in Mayaguez, Puerto Rico, as the ``Rafael 
        Martinez Nadal United States Customhouse Building'',
          Public Law 110-284, to designate the Federal building 
        and United States courthouse located at 1716 Spielbusch 
        Avenue in Toledo, Ohio, as the ``James M. Ashley and 
        Thomas W.L. Ashley United States Courthouse'',
          Public Law 110-311, to designate the Federal building 
        and United States courthouse located at 300 Quarropas 
        Street in White Plains, New York, as the ``Charles L. 
        Brieant, Jr. Federal Building and United States 
        Courthouse'',
          Public Law 110-319, to designate the United States 
        courthouse located at 225 Cadman Plaza East, Brooklyn, 
        New York, as the ``Theodore Roosevelt United States 
        Courthouse'',
          Public Law 110-320, to designate the United States 
        courthouse, located in the 700 block of East Broad 
        Street, Richmond, Virginia, as the ``Spottswood W. 
        Robinson III and Robert R. Merhige, Jr. United States 
        Courthouse'',
          Public Law 110-334, to designate the Federal Bureau 
        of Investigation building under construction in Omaha, 
        Nebraska, as the ``J. James Exon Federal Bureau of 
        Investigation Building'',
          H. Con. Res. 79, authorizing the use of the Capitol 
        Grounds for the Greater Washington Soap Box Derby,
          H. Con. Res. 123, authorizing the use of the Capitol 
        Grounds for the District of Columbia Special Olympics 
        Law Enforcement Torch Run,
          H. Con. Res. 124, authorizing the use of the Capitol 
        Grounds for the National Peace Officers' Memorial 
        Service,
          H. Con. Res. 196, authorizing the use of the rotunda 
        and grounds of the Capitol for a ceremony to award the 
        Congressional Gold Medal to Tenzin Gyatso, the 
        Fourteenth Dalai Lama,
          H. Con. Res. 308, authorizing the use of the Capitol 
        Grounds for the National Peace Officers' Memorial 
        Service,
          H. Con. Res. 309, authorizing the use of the Capitol 
        Grounds for the District of Columbia Special Olympics 
        Law Enforcement Torch Run,
          H. Con. Res. 311, authorizing the use of the Capitol 
        Grounds for the Greater Washington Soap Box Derby,
          H. Con. Res. 335, authorizing the use of the Capitol 
        Grounds for a celebration of the 100th anniversary of 
        Alpha Kappa Alpha Sorority, Incorporated,
          H. Res. 400, expressing the sympathy of the House of 
        Representatives to the citizens of Greensburg, Kansas, 
        over the devastating tornado of May 4, 2007,
          H. Res. 606, honoring the city of Minneapolis, first 
        responders, and the citizens of the State of Minnesota 
        for their valiant efforts in responding to the horrific 
        collapse of the Interstate Route 35W Mississippi River 
        Bridge,
          H. Res. 657, expressing heartfelt sympathy for the 
        victims of the devastating thunderstorms that caused 
        severe flooding during August 2007 in the States of 
        Illinois, Iowa, Minnesota, Ohio, and Wisconsin, and for 
        other purposes,
          H. Res. 971, expressing the sympathies and support of 
        the House of Representatives for the individuals and 
        institutions affected by the powerful tornados that 
        struck communities in Alabama, Arkansas, Kentucky, 
        Mississippi, and Tennessee on February 5th, 2008,
          H. Res. 1376, commemorating the 80th anniversary of 
        the Okeechobee Hurricane of September 1928 and its 
        associated tragic loss of life,
          H. Res. 1420, expressing the sense of the House of 
        Representatives regarding the terrorist attacks 
        launched against the United States on September 11, 
        2001, and
          General Services Administration Resolutions. The 
        Committee adopted 85 General Services Administration 
        resolutions, including resolutions authorizing repair, 
        alteration, and construction of Federal buildings and 
        leasing of Federal office space. The Committee adopted 
        one section 11(b) study resolution.
    Other bills that passed the House include:
          H.R. 1227, the ``Gulf Coast Hurricane Housing 
        Recovery Act of 2007'',
          H.R. 3224, the ``Dam Rehabilitation and Repair Act of 
        2007'',
          H.R. 6109, the ``Pre-Disaster Mitigation Act of 
        2008'',
          H.R. 3247, the ``Hurricanes Katrina and Rita Recovery 
        Facilitation Act of 2007'',
          H.R. 6627, the ``Smithsonian Institution Facilities 
        Authorization Act of 2008'',
          H.R. 5492, to authorize the Board of Regents of the 
        Smithsonian Institution to construct a greenhouse 
        facility at its museum support facility in Suitland, 
        Maryland, and for other purposes,
          S. 2382, the ``FEMA Accountability Act of 2008'',
          H.R. 6276, the ``Public Housing Disaster Relief Act 
        of 2008'',
          H.R. 1333, the ``Civil Air Patrol Homeland Security 
        Support Act of 2007'',
          H.R. 399, to designate the United States Courthouse 
        to be constructed in Jackson, Mississippi, as the ``R. 
        Jess Brown United States Courthouse'',
          H.R. 429, to designate the United States Courthouse 
        located at 225 Cadman Plaza East, Brooklyn, New York, 
        as the ``Hugh L. Carey United States Courthouse'',
          H.R. 478, to designate the Federal building and 
        United States courthouse located at 101 Barr Street in 
        Lexington, Kentucky, as the ``Scott Reed Federal 
        Building and United States Courthouse'',
          H.R. 735, to designate the Federal building under 
        construction at 799 First Avenue in New York, New York, 
        as the ``Ronald H. Brown United States Mission to the 
        United Nations Building'',
          H.R. 1138, to designate the Federal building and 
        United States courthouse located at 306 East Main 
        Street in Elizabeth City, North Carolina, as the ``J. 
        Herbert W. Small Federal Building and United States 
        Courthouse'',
          H.R. 1505, to designate the Federal building located 
        at 131 East 4th Street in Davenport, Iowa, as the 
        ``James A. Leach Federal Building'', and
          H.R. 5599, to designate the Federal building located 
        at 4600 Silver Hill Road in Suitland, Maryland, as the 
        ``Thomas Jefferson Census Bureau Headquarters 
        Building''.
    In addition, on July 31, 2008, the Committee on 
Transportation and Infrastructure ordered H.R. 6658, the 
``Disaster Response, Recovery, and Mitigation Enhancement Act 
of 2008'', reported favorably to the House. No further action 
was taken on the legislation. On September 14, 2007, the 
Committee reported H. Res. 592, supporting first responders in 
the United States in their efforts to prepare for and respond 
to natural disasters, acts of terrorism, and other man-made 
disasters, and affirming the goals and ideals of National First 
Responder Appreciation Day.

       Public Laws, Concurrent Resolutions, and House Resolutions


     To Amend the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act To Authorize Funding for Emergency Management 
               Performance Grants, and for Other Purposes


                      Public Law 110-53, Title II


                              (H.R. 2775)


                            October 3, 2007

    Title II of Public Law 110-53 authorizes the Emergency 
Management Performance Grant (``EMPG'') program under the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(``Stafford Act''). The law also amends the Stafford Act to 
allow the Federal Government to finance up to 75 percent of the 
costs of equipping, upgrading, and constructing state or local 
Emergency Operations Centers (``EOCs'').

  Hurricanes Katrina, Rita, and Wilma Federal Match Relief Act of 2007


                           Public Law 110-28


                              (H.R. 1144)


                   (incorporated as part of S. 2206)


                              May 8, 2008

    This law waives the non-Federal share of the cost of 
certain disaster assistance related to Hurricanes Katrina, 
Rita, and Wilma and restores the authority of the Federal 
Emergency Management Agency (``FEMA'') to cancel loans to local 
governments for recovery from Hurricanes Katrina, Rita, and 
Wilma under the Community Disaster Loan (``CDL'') program.

Kids in Disasters Well-being, Safety, and Health Act of 2007 Public Law 
            110-161, Division G, Title VI, Sections 601-613


                              (H.R. 3495)


                     (incorporated into H.R. 2764)


                           December 26, 2007

    The Kids in Disasters Well-being, Safety, and Health Act of 
2007 establishes a National Commission on Children and 
Disasters. The purposes of the Commission are to: (1) conduct a 
comprehensive study to examine and assess the needs of children 
as they relate to preparation for, response to, and recovery 
from all hazards, including major disasters and emergencies; 
(2) build upon and review the recommendations of other 
government and nongovernmental entities that work on issues 
relating to the needs of children in disasters; and (3) report 
to the President and Congress on its specific findings, 
conclusions, and recommendations to address the needs of 
children as they relate to preparation for, response to, and 
recovery from all hazards, including disasters and emergencies.
    More specifically, the Commission is tasked with 
investigating the needs of children facing disasters in the 
areas of children's health, child welfare, elementary and 
secondary education, affordable housing, transportation, and 
relevant activities in emergency mitigation, preparedness, 
response, and recovery.
    The Commission is required to submit a final report to the 
President and Congress on its specific findings, conclusions, 
and recommendations.

        Appalachian Regional Development Act Amendments of 2008


                           Public Law 110-371


                           (S. 496/H.R. 799)


                            October 8, 2008

    This law reauthorizes the Appalachian Regional Commission 
(``ARC'') for five years, from fiscal year 2008 through fiscal 
year 2012. The Appalachian Regional Development Act of 1965 
(``ARDA'') established the ARC. The ARC is a regional economic 
development agency representing a precedent-setting partnership 
of Federal, State, and local government. The ARC includes all 
or part of 13 States: Alabama, Georgia, Kentucky, Maryland, 
Mississippi, New York, North Carolina, Ohio, Pennsylvania, 
South Carolina, Tennessee, Virginia, and West Virginia. The 
ARC's primary objective is to support development of 
Appalachia's economy and critical infrastructure to provide a 
climate for growth in business and industry that will create 
jobs. The ARC administers a variety of programs to aid in the 
development and advancement of the region including the 
creation of a highway system, enhancements in education and job 
training, and the development of water and sewer systems. This 
law strengthens the ARDA by providing tools to better assist 
those counties most at-risk of becoming economically distressed 
and by increasing the authorization level for the ARC.

      Regional Economic and Infrastructure Development Act of 2007


 Public Law 110-234, Title VI, sections 6025 and 6026, and Title XIV, 
                             section 14217


                              (H.R. 3246)


                     (incorporated into H.R. 2419)


                              May 22, 2008

    The Regional Economic and Infrastructure Development Act of 
2007 provides a comprehensive regional approach to economic and 
infrastructure development in the most severely economically 
distressed regions in the nation. The law authorizes five 
regional economic development commissions under a common 
framework of administration and management, and provides a 
structure for economic development decision-making and 
planning. These commissions are designed to address problems of 
systemic poverty and underdevelopment in their respective 
regions. The five commissions are the Delta Regional Authority, 
the Northern Great Plains Regional Authority, the Southeast 
Crescent Regional Commission, the Southwest Border Regional 
Commission, and the Northern Border Regional Commission.
    This law models the administrative and management 
procedures for these five commissions after the highly 
successful Appalachian Regional Commission. The law establishes 
commission membership, voting structure, and staffing; outlines 
conditions for financial assistance; authorizes grants to local 
development districts; establishes an Inspector General for the 
commissions; and other provisions designed to produce a 
standard administrative framework. By providing a uniform set 
of procedures, this law provides a consistent method for 
distributing economic development funds throughout the regions 
most in need of such assistance and ensures a comprehensive 
regional approach to economic and infrastructure development in 
the most severely distressed regions in the country.

           John F. Kennedy Center Reauthorization Act of 2008


                           Public Law 110-338


                              (H.R. 3986)


                            October 3, 2008

    This law amends the John F. Kennedy Center Act to authorize 
appropriations for the John F. Kennedy Center for the 
Performing Arts for five years. The law authorizes 
appropriations to carry out maintenance, repair, and security 
projects and capital projects for the Kennedy Center for fiscal 
years FY 2008 through FY 2012. In addition, the legislation 
authorizes the Board of Trustees to study, plan, design, 
engineer, and construct a photovoltaic system for the main roof 
of the Kennedy Center. The law authorizes such sums as may be 
necessary to construct the photovoltaic system.

           Old Post Office Building Redevelopment Act of 2008


                           Public Law 110-359


                              (H.R. 5001)


                            October 8, 2008

    This law authorizes the Administrator of General Services 
to provide for the redevelopment of the Old Post Office 
Building located in the District of Columbia. In the past, the 
development expected at the Old Post Office Building was not 
successful due to constant turnover of retail businesses and 
low satisfaction by tenants. The policy of the Federal 
Government has long been to preserve and make usable historic 
properties rather than sell them for revenue. Preservation and 
use are particularly important for this property, where not 
only its historic status but, security concerns inherent in its 
location mean that the property must be controlled by the 
Federal Government. This law authorizes the Administrator of 
General Services to enter into a development agreement to 
redevelop the Old Post Office Building under terms and 
conditions that are beneficial to the Federal Government.

    Federal Protective Service Guard Contracting Reform Act of 2008


                           Public Law 110-356


                              (H.R. 3068)


                            October 8, 2008

    This law prohibits the Secretary of Homeland Security from 
awarding contracts to provide guard services under the contract 
security guard program of the Federal Protective Service 
(``FPS'') to a business concern that is owned, controlled, or 
operated by an individual who has been convicted of a felony. 
This legislation was developed based on the findings of two 
oversight hearings conducted by the Committee on Transportation 
and Infrastructure. On April 18, 2007, the Committee held a 
hearing entitled ``Proposals to Downsize the Federal Protective 
Service and Effects on the Protection of Federal Buildings''. 
On June 21, 2007, the Committee held a hearing entitled ``The 
Responsibility of the Department of Homeland Security and the 
Federal Protective Service to Ensure Contract Guards Protect 
Federal Employees and Their Workplaces''.
    The first hearing focused on Department of Homeland 
Security (``DHS'') proposals to cut the presence of Federal 
Protective Service officers nationally. The hearing examined 
FPS' core capabilities since being moved into DHS, its ability 
to deal with the threats in cities in which the DHS proposal 
indicated the city would lose FPS officer presence, and its new 
proposed core mission. The hearing also highlighted DHS' 
increased reliance on contract security guards to protect and 
respond to threats to Federal buildings as the number of FPS 
officers is reduced.
    The second hearing focused on the role that contract guard 
services play in assisting FPS officers in protecting Federal 
buildings. The hearing also highlighted a company, run by an 
individual convicted of fraud, which had not paid its security 
guards and, as a result, potentially created a security risk in 
Federal buildings.

To Amend Public Law 108-331 To Provide for The Construction and Related 
Activities in Support of the Very Energetic Radiation Imaging Telescope 
               Array System (VERITAS) Project in Arizona


                           Public Law 110-341


                             (S.J. Res. 35)


                            October 3, 2008

    This law amends Public Law 108-331 to provide for the 
construction and related activities in support of the Very 
Energetic Radiation Imaging Telescope Array System (VERITAS) 
project in Arizona.

  To Authorize the Administrator Of General Services To Take Certain 
 Actions With Respect to Parcels of Real Property Located in Eastlake, 
    Ohio, and Koochiching County, Minnesota, and for Other Purposes


                           Public Law 110-427


                              (H.R. 6524)


                            October 15, 2008

    This law authorizes the Administrator of General Services 
to release restrictions contained in the deed that conveyed a 
parcel of real property to Eastlake, Ohio, in 1964. The 10.8-
acre site is the site of the John F. Kennedy Senior Center. The 
city of Eastlake will pay the General Services Administration 
(``GSA'') $30,000 as consideration for release of the property 
restrictions. In addition, this law authorizes the 
Administrator of General Services to convey a parcel of real 
property to Koochiching County, Minnesota. The 5.8-acre 
property is located in International Falls, Minnesota, and is 
the former site of the Koochiching Army Reserve Training 
Center. Koochiching County will pay GSA $30,000 as 
consideration for the real property. GSA will transfer these 
funds to the Secretary of the Army. The conveyance of the real 
property is made on the condition that the property will be 
used for a public purpose.

 To Authorize the Administrator of General Services To Convey a Parcel 
          of Real Property to the Alaska Railroad Corporation


               Public Law 110-244, Title IV, Section 401


                              (H.R. 1036)


                              June 6, 2008

    Section 401 of Title IV of the SAFETEA-LU Technical 
Corrections Act of 2008 (P.L. 110-244) authorizes the 
Administrator of General Services to convey a parcel of real 
property to the Alaska Railroad Corporation, an entity of the 
State of Alaska. Subject to the requirements of this 
legislation, the Administrator shall convey, by quitclaim deed, 
to the Alaska Railroad Corporation, all right, title, and 
interest of the United States in and to the parcel of real 
property known as the GSA Fleet Management Center. The GSA 
Fleet Management Center is a 78,000-square-foot parcel of real 
property located at the intersection of 2nd Avenue and 
Christensen Avenue in Anchorage, Alaska. As consideration for 
the property, the Administrator shall require the Corporation 
to either convey a replacement facility to GSA or pay the fair 
market value of the property based on its highest and best use 
as determined by an independent appraisal commissioned by the 
Administrator and paid for by the Alaska Railroad Corporation. 
All proceeds derived from any payment for the property will be 
deposited in the Federal Buildings Fund.

 To Provide for the Conditional Conveyance of Any Interest Retained by 
 the United States in St. Joseph Memorial Hall in St. Joseph, Michigan


               Public Law 110-244, Title IV, Section 402


                               (H.R. 494)


                              June 6, 2008

    Section 402 of Title IV of the SAFETEA-LU Technical 
Corrections Act of 2008 (P.L. 110-244) directs the 
Administrator of General Services to convey, by quitclaim deed, 
to the city of St. Joseph, Michigan, any interest retained by 
the United States in St. Joseph Memorial Hall. The law defines 
St. Joseph Memorial Hall. St. Joseph Memorial Hall is the 
property subject to conveyance from the Secretary of Commerce 
to the city of St. Joseph, Michigan, by quitclaim dated May 9, 
1936, recorded in Liber 310, at page 404, in the Register of 
Deeds for Berrien County, Michigan. As consideration for the 
conveyance, the city of St. Joseph, Michigan, shall pay $10,000 
to the United States. The Administrator may require additional 
terms and conditions for the conveyance to protect the 
interests of the United States.

    To Amend the International Center Act To Authorize the Lease or 
 Sublease of Certain Property Described in Such Act to an Entity Other 
  Than a Foreign Government or International Organization if Certain 
                           Conditions Are Met


                           Public Law 110-249


                              (H.R. 3913)


                             June 26, 2008

    This law amends the International Center Act to authorize 
the lease or sublease of certain property described in such Act 
to an entity other than a foreign government or international 
organization if certain conditions are met. The Vienna 
Convention of 1962 on Diplomatic and Consular Relations 
requires that (1) the sending State locate its Chancery in the 
receiving State Capital City; (2) the receiving State assist 
the sending State in locating suitable and affordable space for 
its Chancery; and (3) the receiving State provide adequate 
protection for such facilities. To fulfill this obligation and 
provide land for new embassies and consulates, the U.S. State 
Department acquired land in the District of Columbia pursuant 
to the International Center Act (``ICA'') (P.L. 90-553). This 
47-acre parcel of land, known as the International Center, is 
located on Connecticut Avenue and Van Ness Street, N.W., in 
Washington, DC, and offers leased space for foreign government 
and international organizations.

   To Provide for the Construction, Operation, and Maintenance of an 
              Arterial Road in St. Louis County, Missouri


                           Public Law 110-16


                              (H.R. 1129)


                             March 28, 2007

    This law provides for the construction, operation, and 
maintenance of an arterial road in St. Louis County, Missouri 
known as the ``Lemay Connector Road''.

     United States Fire Administration Reauthorization Act of 2008


                           Public Law 110-376


                              (H.R. 4847)


                            October 8, 2008

    This law authorizes appropriations for the United States 
Fire Administration (``USFA'') for fiscal years 2009 through 
2012, and authorizes USFA's activities related to training, 
public education, data collection, research, and national 
voluntary consensus standards. With regard to USFA's 
activities, the legislation updates the curriculum of the 
National Fire Academy, expands on-site training programs for 
fire service personnel, upgrades the National Fire Incident 
Reporting System, encourages more research related to wildland 
fires and the publication of such research, and promotes the 
adoption of national voluntary consensus standards for 
firefighter health and safety. It also establishes a fire 
service position at the U.S. Department of Homeland Security's 
National Operations Center and requires appropriate 
coordination at all levels of government with regard to fire 
prevention and control and emergency medical services.

       U.S. Capitol Police and Library of Congress Police Merger 
                       Implementation Act of 2007


                           Public Law 110-178


                              (H.R. 3690)


                            January 7, 2008

    This law establishes a framework and initiates the process 
of merging the U.S. Capitol Police and the Library of Congress 
Police, as provided by section 1015 of Legislative Branch 
Appropriations Act, 2003 (P.L. 108-7). In 2003, Congress 
enacted legislation to merge the police agencies to create 
``seamless security'' on Capitol Hill. The law implements the 
U.S. Capitol Police and Library of Congress Police merger plan.

 To Provide That the Great Hall of the Capitol Visitor Center Shall Be 
                       Known as Emancipation Hall


                           Public Law 110-139


                              (H.R. 3315)


                           December 18, 2007

    This law designates the great hall of the Capitol Visitor 
Center as ``Emancipation Hall''. In 2004, Congress directed the 
Architect of the Capitol to study and report on the history and 
contributions of slave laborers in the construction of the U.S. 
Capitol. The 2005 report entitled ``History of Slave Laborers 
in the Construction of the United States Capitol'', examined 
the efforts of slaves to help build the Capitol, other Federal 
buildings, and the White House, which at the time was known as 
the President's House. Although the record was incomplete 
because of limited documentation of slave labor, the evidence 
available and historical context in the report provided several 
indications that slaves and free African Americans played a 
significant role in building the physical symbols of the United 
States. In 2005, the Slave Laborers Task Force was established 
to study and recognize the contributions of enslaved African 
Americans in building the U.S. Capitol. On November 7, 2007, 
the Slave Laborers Task Force, chaired by Representative John 
Lewis, specifically recommended that the great hall of the 
Capitol Visitor Center be designated as ``Emancipation Hall''.

 To Designate the United States Courthouse Located at 555 Independence 
 Street, Cape Girardeau, Missouri, as the ``Rush Hudson Limbaugh, Sr. 
                       United States Courthouse''


                           Public Law 110-13


                               (H.R. 342)


                             March 21, 2007

    This law designates the United States Courthouse located at 
555 Independence Street, Cape Girardeau, Missouri as the ``Rush 
Hudson Limbaugh, Sr. United States Courthouse''.
    Rush Hudson Limbaugh, Sr. was born in Bollinger County, 
Missouri on September 27, 1891. He was a leading figure in the 
legal profession for his accomplishments not just in Missouri 
and the United States, but around the world. At the time of his 
death, at the age of 104, he was still practicing law after 
nearly eight decades. He was the nation's oldest practicing 
attorney. He argued over 60 cases before the Missouri Supreme 
Court. He tried cases before the Interstate Commerce 
Commission, the U.S. Labor Board and the Internal Revenue 
Appellate Division.
    He was also active in other areas of civic life. He was 
elected to the Missouri State Legislature from 1931 to 1932, 
where he pressed for the formation of the Missouri State 
Highway Patrol and the consolidation of school districts. He 
served as President of the State Historical Society of Missouri 
from 1956 to 1959. He was also a Sunday school teacher, and a 
member of many local civic organizations including the Boy 
Scouts of America, Centenary United Methodist Church, and the 
Salvation Army.

  To Designate the United States Courthouse at South Federal Place in 
    Santa Fe, New Mexico, as the ``Santiago E. Campos United States 
                              Courthouse''


                           Public Law 110-14


                               (H.R. 544)


                             March 21, 2007

    This law designates the United States courthouse at South 
Federal Place in Santa Fe, New Mexico, as the ``Santiago E. 
Campos United States Courthouse''.
    Santiago E. Campos (1926-2002) was born December 25, 1926, 
in Santa Rosa, New Mexico. He served in the United States Navy 
as a Seaman 1st Class from 1944 to 1946. After leaving the 
Navy, Judge Campos attended the Central College in Fayette, 
Missouri, and received his law degree from the University of 
New Mexico in 1953, graduating first in his class. From 1954 
until 1957, he worked as an Assistant Attorney General and 
subsequently as First Assistant Attorney General for the State 
of New Mexico. In 1971, after 14 years in private practice, 
Judge Campos was elected District Judge for the 1st Judicial 
District of New Mexico, and served in that capacity until 1978. 
In 1978, President Carter appointed Judge Campos to the federal 
bench. Judge Campos was the first Hispanic to serve as a 
Federal Judge in the District Court of New Mexico, as well as 
being the first Hispanic to serve as its Chief Judge. He held 
the title of Chief U.S. District Judge from February 5, 1987, 
to December 31, 1989, and became a Senior Judge on December 26, 
1992. Judge Campos died on January 20, 2002, after suffering a 
long bout with cancer.
    During his career, Judge Campos was named an honorary 
member of the Order of the Coif. He also received the 
Distinguished Achievement Award of the State Bar of New Mexico 
in 1993, and, in the same year, the University of New Mexico 
honored him with a Distinguished Achievement Award.

   To Designate the Federal Building Located at 400 Maryland Avenue, 
 Southwest, in the District of Columbia as the ``Lyndon Baines Johnson 
                   Department of Education Building''


                           Public Law 110-15


                               (H.R. 584)


                             March 23, 2007

    This law designates the Federal Building located at 400 
Maryland Avenue, S.W., in Washington, DC, as the ``Lyndon 
Baines Johnson Department of Education Building''.
    Lyndon Baines Johnson was one of the leading figures of the 
20th Century. This ``Teacher who became President'' served his 
country in numerous, distinguished ways, including as Lt. 
Commander in the U.S. Navy during World War II, as a Member of 
both houses of Congress, as Vice President of the United 
States, and as the 36th President of the United States.
    In a special election in 1937, Johnson won the U.S House of 
Representatives seat representing the 10th Congressional 
District of Texas, defeating nine other candidates. He was re-
elected to a full term in the 76th Congress and to each 
succeeding Congress until 1948.
    After the bombing of Pearl Harbor on December 7, 1941, 
Johnson became the first Member of Congress to volunteer for 
active duty in the armed forces (U.S. Navy), reporting for 
active duty on December 9, 1941. Johnson received the Silver 
Star from General Douglas MacArthur for gallantry in action 
during an aerial combat mission over hostile positions in New 
Guinea on June 9, 1942. President Roosevelt ordered all Members 
of Congress in the armed forces to return to their offices, and 
Johnson was released from active duty on July 16, 1942.
    In 1948, after a campaign in which he traveled by 
``newfangled'' helicopter all over the state, Johnson won the 
primary by 87 votes and earned the nickname ``Landslide 
Lyndon'', and in the general election was elected to the U.S. 
Senate. He was elected Minority Leader of the Senate in 1953 
and Majority Leader in 1955. He served in the U.S. Senate until 
he resigned to become Vice President in January 1961.
    Lyndon Johnson became the 36th President of the United 
States on November 22, 1963, after the assassination of 
President John F. Kennedy.
    In 1964, Johnson signed the Library Services Act (P.L. 88-
269) to make high quality public libraries more accessible to 
both urban and rural residents. The funds made available under 
this Act were used to construct as well as operate libraries, 
and to extend this program to cities as well as rural areas. 
Later that year, President Johnson signed the Civil Rights Act 
(P.L. 88-352), which among its landmark provisions authorized 
federal authorities to sue for the desegregation of schools and 
to withhold federal funds from education institutions that 
practiced segregation.
    During his administration, education was one of the many 
areas where President Johnson blazed new ground. He pursued 
numerous education initiatives, and signed many landmark 
education bills into law. He also launched the highly 
successful Head Start program in 1965. After leaving office, 
Lyndon Johnson continued his involvement in education and 
taught students while he wrote his memoirs and pursued other 
academic endeavors.

To Redesignate the Federal Building Located at 167 North Main Street in 
 Memphis, Tennessee, as the ``Clifford Davis and Odell Horton Federal 
                               Building''


                           Public Law 110-20


                               (H.R. 753)


                              May 2, 2007

    This law redesignates the Federal building located at 167 
North Main Street in Memphis, Tennessee, as the ``Clifford 
Davis and Odell Horton Federal Building''.
    Odell Horton was appointed to the United States District 
Court for the Western District of Tennessee by President Jimmy 
Carter on May 12, 1980. He was the first African-American U.S. 
District Court Judge appointed in Tennessee since 
Reconstruction.
    Born on May 13, 1929, in Boliver, Tennessee, Horton grew up 
during the Depression and World War II in an environment he 
described as ``typically rural Southern and typically 
segregated, with all the attendant consequences of that.'' 
Horton enlisted in the Marine Corps and served two tours. He 
received his law degree from Howard University in 1956 and 
moved to Memphis, Tennessee, where he started a private law 
practice.
    In 1962, Horton became Assistant United States Attorney in 
Memphis. He remained in that position until his appointment to 
the Shelby County Criminal Court by Governor Buford Ellington. 
In 1968, Judge Horton ordered the desegregation of Bowld 
Hospital. A year later, he received the L.M. Graves Memorial 
Health Award for his efforts to advance the cause of health 
care in Memphis. Judge Horton stepped down from his federal 
judgeship to serve as President of LeMoyne-Owen College, a 
predominately African-American liberal arts college.
    After serving four years as President of LeMoyne-Owen 
College, Judge Horton ran unsuccessfully for the Office of 
Shelby County District Attorney General. He returned to federal 
service upon his appointment as reporter for the Speedy Trial 
Act Implementation Committee by the Western District Court of 
Tennessee. He later served as a U.S. Bankruptcy Judge from 1976 
to 1980. Judge Horton also served as Chief Judge for the 
Western District of Tennessee from January 1, 1987, until 
December 31, 1993. On May 16, 1995, he took senior status and 
retired two years later.
    Judge Horton was a member of the American Bar Association 
and Chair of the National Conference of Federal Trial Judges. 
He also served as a member of the Judicial Conference Committee 
on Defender Services. Morehouse College honored him with an 
Honorary Degree of Doctor of Laws. In 2000, the Memphis Bar 
Association awarded Judge Horton with a Public Service Award.

  To Designate the Federal Building and United States Courthouse and 
 Customhouse Located at 515 West First Street in Duluth, Minnesota, as 
 the ``Gerald W. Heaney Federal Building and United States Courthouse 
                           and Customhouse''


                           Public Law 110-25


                           (S. 521/H.R. 187)


                              May 8, 2007

    This law designates the Federal building and United States 
courthouse and customhouse located at 515 West First Street in 
Duluth, Minnesota, as the ``Gerald W. Heaney Federal Building 
and United States Courthouse and Customhouse''.
    Gerry Heaney is a decorated World War II veteran. He was a 
member of the distinguished Army Ranger Battalion and 
participated in the historic D-Day landing at Normandy. He was 
awarded the Silver Star for extraordinary bravery in the battle 
of La Pointe du Hoc in Normandy, France. He also received a 
Bronze Star and five battle stars.
    At the end of the war, Judge Heaney returned home and 
entered private practice in Duluth. During that time he was 
instrumental in improving the state education system, and 
served on the Board of Regents of the University of Minnesota. 
He was instrumental in helping the Duluth school system develop 
a payroll system that equalized the pay for both men and women.
    Judge Heaney was appointed Judge of the United States Court 
of Appeals for the 8th Circuit on November 3, 1966, by 
President Lyndon B. Johnson. After 40 years of distinguished 
judicial service, Judge Heaney retired on August 31, 2006.

To Designate a United States Courthouse Located in Fresno, California, 
          as the ``Robert E. Coyle United States Courthouse''


                           Public Law 110-46


                                (S. 801)


                              July 5, 2007

    This law designates a United States courthouse located in 
Fresno, California, as the ``Robert E. Coyle United States 
Courthouse''.
    From 1956 until 1958, Judge Coyle was Deputy District 
Attorney for Fresno County. From 1958 until 1982, he was a 
lawyer in a private practice. He was appointed to the Federal 
bench in 1982, and served as the Chief Judge for the Eastern 
District of California from 1990 to 1996. In 2006, he retired 
as a Senior Judge.
    Judge Coyle is a dedicated jurist and active in many 
professional organizations, including the Fresno County Legal 
Services, President of the Fresno Bar Association, Vice 
President of the California State Bar Association, and a 
faculty member at the Hastings College of Law. Judge Coyle has 
a particular connection to the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management through 
his work with the courts on development of the Design Guide for 
construction of U.S. courthouses.

 To Designate the United States Courthouse Located at 301 North Miami 
    Avenue, Miami, Florida, as the ``C. Clyde Atkins United States 
                              Courthouse''


                           Public Law 110-146


                              (H.R. 2671)


                           December 21, 2007

    This law designates the United States courthouse located at 
301 North Miami Avenue, Miami, Florida, as the ``C. Clyde 
Atkins United States Courthouse''.
    Judge C. Clyde Atkins was born on November 23, 1914, in 
Washington, DC. In 1921, he moved to Miami, Florida, with his 
family. Judge Atkins attended Miami High School, and graduated 
from the University of Florida College of Law in 1936. He 
practiced law in private practice for more than 25 years, and 
was a partner in the law firm of Walton, Lantaff, Shroeder, 
Atkins, Carson and Wahl from 1941 to 1966. In 1966, President 
Lyndon B. Johnson nominated and the Senate confirmed Judge 
Atkins to serve as a U.S. District Court Judge for the Southern 
District of Florida. He served as Chief Judge from 1977 to 1982 
and assumed senior status on December 31, 1982. Judge Atkins 
continued to serve until his death in 1999.
    In addition to his time as a jurist, Judge Atkins also held 
several positions in the legal community and community at 
large. He served as President of the Dade County Bar 
Association and the Florida Bar Association. He was also a 
trustee at Biscayne College (now St. Thomas University) and 
Mercy Hospital. Judge Atkins was also very active in the 
Catholic Church, and he was named a knight of St. Gregory by 
Pope Paul VI.
    Judge Atkins had a strong reputation as a principled and 
fair jurist. He was respected because of his application of the 
law without respect to race, creed, religion, or national 
origin.

 To Designate the Federal Building Located at 210 Walnut Street in Des 
          Moines, Iowa, as the ``Neal Smith Federal Building''


                           Public Law 110-158


                              (H.R. 1045)


                           December 26, 2007

    This law designates the Federal building located at 210 
Walnut Street in Des Moines, Iowa, as the ``Neal Smith Federal 
Building''.
    Neal Smith was born on March 23, 1920, in his grandparents' 
home near Hedrick, Keokuk County, Iowa. He served in the United 
States House of Representatives from 1959 until 1995, the 
longest serving Member of the House of Representatives from 
Iowa. Congressman Smith is a World War II veteran, having 
served in the United States Army Air Force as a bomber pilot. 
His plane was shot down during combat and he received a Purple 
Heart, nine Battle Stars, and the Air Medal with four oak leaf 
clusters.
    Neal Smith is one of Iowa's most respected and 
distinguished elected officials. His interests, while in 
Congress, were varied but he especially focused on agriculture, 
small business, and the environment. He became a champion for 
those issue areas and authored legislation establishing the 
Commodity Futures Trading Commission, the Federal Meat, Poultry 
and Egg Inspection Acts, and Small Business Development 
Centers.

To Designate the Federal Building and United States Courthouse Located 
at 100 East 8th Avenue in Pine Bluff, Arkansas, as the ``George Howard, 
          Jr. Federal Building and United States Courthouse''


                           Public Law 110-159


                              (H.R. 2011)


                           December 26, 2007

    This law designates the Federal building and United States 
courthouse located at 100 East 8th Avenue in Pine Bluff, 
Arkansas, as the ``George Howard, Jr. Federal Building and 
United States Courthouse''.
    Judge George Howard, Jr. was born in Pine Bluff, Arkansas, 
on May 13, 1924. He began his service to our nation at the age 
of 18 when he was drafted into military service during World 
War II. Judge Howard served with distinction in the United 
States Navy with the Construction Battalion--or the 
``Seabees''--in the South Pacific.
    He earned his law degree in 1954 from the University of 
Arkansas School of Law. He was the first African American 
student to live on campus in the newly desegregated campus 
dormitories. After graduating from law school, Judge Howard 
began a long, illustrious, and trailblazing legal career in his 
home state of Arkansas. In the 1950s, Judge Howard started a 
private law practice. He subsequently served on the Arkansas 
State Claims Commission, the Arkansas Court of Appeals, and the 
Arkansas Supreme Court. In 1980, President Carter appointed 
Judge Howard to the U.S. District Court, Eastern and Western 
Districts of Arkansas. Judge Howard was Arkansas' first African 
American Federal judge.
    During Judge Howard's career, he received several awards 
and distinctions from the legal community. Through his pursuit 
of legal and racial equality, and his exemplary career in 
public service, Judge Howard helped to pave the way for other 
African-Americans to pursue careers in law and public service.

  To Designate the United States Bankruptcy Courthouse Located at 271 
Cadman Plaza East in Brooklyn, New York, as the ``Conrad B. Duberstein 
                 United States Bankruptcy Courthouse''


                           Public Law 110-262


                               (H.R. 430)


                             July 15, 2007

    This law designates the United States bankruptcy courthouse 
located at 271 Cadman Plaza East in Brooklyn, New York, as the 
``Conrad B. Duberstein United States Bankruptcy Courthouse''.
    Conrad B. Duberstein was born in the Bronx on October 22, 
1915. He earned his undergraduate degree from Brooklyn College 
in 1938 and his law degree from St. John's University Law 
School in 1942. From 1943 to 1945, Duberstein served in the 
United States Army, where he was awarded the Purple Heart, the 
Bronze Star, and the Combat Infantry Badge.
    Judge Duberstein practiced law in Brooklyn at Schwartz, 
Rudin & Duberstein. In 1971, he joined the firm of Otterbourg, 
Steindler, Houston & Rosen as a partner, where he remained 
until his retirement in 1981. That same year, Judge Duberstein 
joined the Eastern District Bankruptcy Court and was appointed 
Chief Judge in 1984, a position he held until his death. Judge 
Duberstein was awarded an honorary doctorate of laws from St. 
John's University Law School in 1991 and served as a former 
Judge Advocate General of the Military Order of the Purple 
Heart for the State of New York.
    In 1992, the Brooklyn Bar Association presented him with 
its Annual Award for Outstanding Achievement in the Science of 
Jurisprudence and Public Service. Judge Duberstein died at his 
home on November 18, 2005, at the age of 90.

To Designate the Station of the United States Border Patrol Located at 
  25762 Madison Avenue in Murrieta, California, as the ``Theodore L. 
        Newton, Jr. and George F. Azrak Border Patrol Station''


                           Public Law 110-264


                              (H.R. 2728)


                             July 15, 2008

    This law designates the station of the United States Border 
Patrol located at 25762 Madison Avenue in Murrieta, California, 
as the ``Theodore L. Newton, Jr. and George F. Azrak Border 
Patrol Station''.
    On June, 17, 1967, Patrol Inspectors Theodore L. Newton, 
Jr. and George F. Azrak were killed in the line of duty while 
working an all-night shift at a remote border patrol checkpoint 
near Oak Grove, California. On that night, the two officers 
were conducting a traffic check operation when they stopped a 
van carrying over 800 pounds of marijuana. While checking the 
vehicle, the officers were ambushed and abducted by four drug 
smugglers and taken to a mountain cabin where they were shot 
and killed.
    Inspector Theodore Newton, Jr. began his service with the 
Department of Immigration and Naturalization Services (``INS'') 
in 1966, as a Patrol Inspector. He served in that capacity for 
over one year before his death in 1967. He is survived by his 
wife, son, and daughter.
    Inspector George F. Azrak joined the INS in May of 1967 and 
was about to begin training in the Academy for Border Patrol 
agents when he was killed in the line of duty. He is survived 
by his wife and two children.
    The United States Border Patrol has created the Newton-
Azrak Medal of Heroism in honor of Inspectors Newton and 
Azrak's brave service and sacrifice. The medal is given 
annually to a Border Patrol Officer who exercises unusual 
courage or bravery in the line of duty and/or performs a heroic 
or humane act during times of extreme stress or in an 
emergency. The Newton-Azrak Medal is the Border Patrol's 
highest award for bravery.

    To Designate the Port Angeles Federal Building in Port Angeles, 
      Washington, as the ``Richard B. Anderson Federal Building''


                           Public Law 110-266


                              (H.R. 4140)


                             July 15, 2008

    This law designates the Port Angeles Federal Building in 
Port Angeles, Washington, as the ``Richard B. Anderson Federal 
Building''.
    Private First Class (``PFC'') Richard B. Anderson was born 
on June 26, 1921, in Tacoma, Washington. Anderson joined the 
United States Marine Corps in 1942. He was promoted to the rank 
of Private First Class on April 12, 1943 and assigned to the 
Easy Company, 2nd Battalion, of the 23rd Marines. PFC 
Anderson's unit was deployed to the Marshall Islands in January 
1944. On February 1, 1944, his company was part of an invasion 
force fighting to take control of Rio Island from the Japanese. 
During the assault, Anderson and three other Marines jumped 
into a shell crater to escape enemy fire. As Anderson prepared 
to throw a grenade from inside the crater, the grenade slipped 
from his hands and began to roll toward the other three Marines 
in the crater. In an act of selfless heroism, Anderson lunged 
on top of the live grenade and absorbed the full impact of the 
blast, saving the lives of his fellow soldiers. Anderson was 
evacuated to the U.S.S. Callaway but died from his wounds 
shortly thereafter.
    PFC Anderson was posthumously awarded the Purple Heart and 
the Medal of Honor, which is the nation's highest military 
decoration, for his acts of bravery and service to his country. 
On October 26, 1945, in honor of PFC Anderson, the United 
States Navy commissioned a DD-786 destroyer battleship as the 
``U.S.S. Richard B. Anderson''. The ship began active service 
in January 1947, and was used in combat for the Vietnam and 
Korean Wars. The ship remained in active service until December 
20, 1975.

   To Designate the United States Customhouse Building Located at 31 
  Gonzalez Clemente Avenue in Mayaguez, Puerto Rico, as the ``Rafael 
          Martinez Nadal United States Customhouse Building''


                           Public Law 110-276


                              (H.R. 1019)


                             July 15, 2008

    This law designates the United States customhouse building 
located at 31 Gonzalez Clemente Avenue in Mayaguez, Puerto 
Rico, as the ``Rafael Martinez Nadal United States Customhouse 
Building''.
    Although Don Rafael Martinez Nadal was born in the city of 
Mayaguez on April 22, 1877, he received his college degree in 
Philosophy and Letters in the Provincial Institute of Secondary 
Education in San Juan. At the age of 16, he went to Barcelona, 
Spain, to study law. A short time after beginning his legal 
coursework, he moved to Paris in search of additional 
coursework.
    On August 13, 1904, he returned to Mayaguez and began 
studying agriculture, particularly coffee growing. 
Simultaneously, he began his first successful attempts in the 
media and politics with the Puerto Rican Republican Party. In 
1908, he founded the political newspaper El Combate. He 
obtained his law degree in 1912 and became one of the most 
prominent men of the Puerto Rican political arena. He was 
considered one of the most famous criminal lawyers of the time.
    In 1914, he was elected as a member of the Chamber of 
Delegates for the city of Ponce by the Puerto Rican Republican 
Party. In 1920 he was chosen by the same party to serve in the 
Senate and was reelected in the next five general elections. 
When the alliance of the Union of Puerto Rico Party and the 
Puerto Rican Republican Party formed in 1924, Martinez Nadal 
left the Republican Party and initiated a political movement 
called the Pure Republican Party, which registered officially 
as the Historical Constitutional Party. Later he founded the 
Republican Union, working to advance the ideal of statehood for 
Puerto Rico. In coalition with the Socialist Party, the 
Republican Union triumphed in the general elections of 1932 and 
1936. In both terms, Martinez Nadal presided over the Senate. 
He died on July 6, 1941.
    His literary and journalistic papers are compiled in the 
book Tempraneras. He also published the novels La hoguera and 
Cuando el amor muere.

 To Designate the United States Courthouse Located at 1716 Spielbusch 
Avenue in Toledo, Ohio, as the ``James M. Ashley and Thomas W.L. Ashley 
                       United States Courthouse''


                           Public Law 110-284


                              (H.R. 3712)


                             July 23, 2008

    This law designates the United States courthouse located at 
1716 Spielbusch Avenue in Toledo, Ohio, as the ``James M. 
Ashley and Thomas W.L. Ashley United States Courthouse''.
    James Monroe Ashley (1824-1896) was born in Pittsburgh, 
Pennsylvania, and moved to Portsmouth, Ohio, with his family at 
the age of four. He helped organize the Ohio Republican party. 
He had a distinguished career in public service which included 
five terms as a Representative from Ohio and later as Governor 
of Montana. Representative Ashley was the first Member of 
Congress to call for an amendment to the United States 
Constitution that would outlaw slavery.
    After serving in Congress, Governor Ashley became the 
governor of the Montana Territory and served until 1870. He 
then moved into the private sector, where he was instrumental 
in building the Toledo, Ann Arbor, & North Michigan Railroad.
    Thomas William Ludlow Ashley is the great grandson of 
former Governor James M. Ashley. Born in 1923, Representative 
Thomas Ashley served in the United States Army during the 
Second World War. He went on to graduate from Yale University 
in 1948 and from Ohio State University Law School in 1951. He 
served 13 terms in Congress. During his time in Congress, 
Representative Ashley served as Chairman of the Select 
Committee on Energy, Chairman of the Committee on Merchant 
Marine and Fisheries, and Assistant Majority Whip. In 1977, 
Speaker Thomas P. ``Tip'' O'Neill established a Select 
Committee on Energy and appointed Representative Ashley to 
chair the Committee.

To Designate the Federal Building and United States Courthouse Located 
at 300 Quarropas Street in White Plains, New York, as the ``Charles L. 
     Brieant, Jr., Federal Building and United States Courthouse''


                           Public Law 110-311


                              (H.R. 6340)


                            August 12, 2008

    This law designates the Federal building and United States 
courthouse located at 300 Quarropas Street in White Plains, New 
York, as the ``Charles L. Brieant, Jr., Federal Building and 
United States Courthouse''.
    Judge Charles Brieant, Jr. was born in 1923 in Ossining, 
New York. He graduated from Columbia University and Columbia 
Law School.
    He began his public service practicing in White Plains, New 
York, while serving as Water Commissioner for the town of 
Ossining, New York. Judge Brieant was elected Ossining Town 
Justice in 1952 before serving as Village Attorney for 
Briarcliff Manor, New York. From 1960 through 1963, he served 
as Town Supervisor for Ossining. He also served in the New York 
legislature in 1970 and 1971. In 1971, President Richard M. 
Nixon nominated Judge Brieant to serve on the District Court 
for the Southern District of New York. He served as Chief Judge 
for the Southern District of New York from 1986 to 1993. Last 
year, Judge Brieant took senior status.
    During his distinguished career, Judge Brieant received 
many awards and honors including the Servant of Justice Award 
from the Guild of St. Ives in 1998 and the Edward Weinfeld 
Award for Distinguished Contributions to the Administration of 
Justice in 2006.

 To Designate the United States Courthouse Located at 225 Cadman Plaza 
  East, Brooklyn, New York, as the ``Theodore Roosevelt United States 
                              Courthouse''


                           Public Law 110-319


                               (S. 2837)


                           September 17, 2008

    This law designates the United States Courthouse located at 
225 Cadman Plaza East, Brooklyn, New York, as the ``Theodore 
Roosevelt United States Courthouse''.
    Theodore Roosevelt was born in New York, New York, on 
October 27, 1858. In 1880, he graduated magna cum laude from 
Harvard College. After graduating from Harvard, he briefly 
studied at Columbia Law School before being elected to the New 
York State Assembly in 1882, at the age of 23. He served in the 
Assembly for two years, before President Benjamin Harrison 
appointed him as a member of the United States Civil Service 
Commission. In 1895, he resigned from the Commission and became 
President of the New York Board of Police Commissioners. In 
1897, President William McKinley appointed him Assistant 
Secretary of the Navy, where he served for a little more than a 
year. At the beginning of the Spanish-American War, he left his 
post as Assistant Secretary to raise a volunteer cavalry 
regiment for the United States Army. During the Spanish 
American War, Roosevelt served as Colonel of his regiment, 
known as ``Roosevelt's Rough Riders''.
    In 1898, Roosevelt was elected as the Governor of New York 
but left office after two years to run for Vice President of 
the United States, on a ticket headed by William McKinley. 
President McKinley won the election of 1900 but was 
assassinated on September 6, 1901. On September 14, 1901, at 
the age of 42, Roosevelt took the oath of office and became the 
26th President of the United States. At that time, he was the 
youngest person to ever hold the Presidency.
    President Roosevelt was elected to a second term in 1904. 
During his two terms in office, President Roosevelt's list of 
achievements include facilitating and ensuring the construction 
of the Panama Canal, establishing the Department of Commerce 
and the Department of Labor, signing the Elkins Anti-rebate Act 
for railroads, and greatly advancing environmental conservation 
efforts by providing Federal protection for close to 230 
million acres of land. He was also awarded the Nobel Peace 
Prize in 1906, for his work in ending the Russo-Japanese War.
    In 1919, at the age of 60, Roosevelt passed away in Oyster 
Bay, New York.

 To Designate the United States Courthouse Located in the 700 Block of 
East Broad Street, Richmond, Virginia, as the ``Spottswood W. Robinson 
       III and Robert R. Merhige, Jr., United States Courthouse''


                           Public Law 110-320


                               (S. 2403)


                           September 18, 2008

    This law designates the United States Courthouse located at 
the 700 block of East Broad Street, Richmond, Virginia, as the 
``Spottswood W. Robinson III and Robert R. Merhige, Jr., United 
States Courthouse''.
    Spottswood William Robinson III was born in Richmond. 
Robinson attended public schools in Richmond, which were 
segregated at the time, and graduated from Armstrong High 
School in 1932. Following high school, he studied at Virginia 
Union University from 1932 until 1934 and from 1935 until 1936. 
Judge Robinson entered Howard University School of Law in 
Washington, D.C., before completing his bachelor's degree, and 
graduated magna cum laude in 1939.
    After his graduation, Judge Robinson became a professor at 
the Howard University School of Law, where he taught for eight 
years. He emerged as a prominent civil rights attorney. In 
1951, Judge Robinson was appointed southeast regional counsel 
for the National Association for the Advancement of Colored 
People (``NAACP''). Shortly after joining the NAACP, Robinson 
represented an African-American student in Virginia's Prince 
Edward County. The lawsuit was eventually combined with the 
Brown v. Board of Education case, which the U.S. Supreme Court 
agreed to hear in 1954.
    In 1961, President John F. Kennedy appointed Judge Robinson 
to the U.S. Commission on Civil Rights, a six-member bipartisan 
commission charged with studying civil rights violations in the 
United States. Judge Robinson was confirmed by the Senate by a 
vote of 73 to 17. In 1964, President Lyndon B. Johnson 
appointed Judge Robinson to the U.S. District Court for the 
District of Columbia and two years later, he became the first 
African American to serve on the U.S. Court of Appeals for the 
D.C. Circuit. Judge Robinson served as Chief Judge of the U.S. 
Court of Appeals from 1981 to 1986, and served on the Court 
until his retirement in 1992.
    On October 11, 1998, Judge Robinson passed away in 
Richmond, Virginia.
    Robert R. Merhige, Jr. was born in Brooklyn, New York, on 
February 5, 1919. Judge Merhige received his law degree from 
University of Richmond's T.C. Williams School of Law in 1942. 
Upon graduation, he enlisted in the United States Army Air 
Corps, where he served as a crewman aboard a B-17 bomber based 
in Italy.
    He would become one of the most formidable lawyers in 
Virginia. In 1967, President Lyndon B. Johnson appointed Judge 
Merhige to the District Court. Two weeks into his service on 
the court, Judge Merhige drew the first of many high-profile 
cases that became the hallmark of his career. He ordered the 
release of black activist H. Rap Brown, who was imprisoned in 
Virginia after making an impassioned and militant speech in 
Maryland.
    Judge Merhige was involved in many high-profile cases 
during his 31-year tenure on the Federal bench. He wrote the 
decision for a three-judge panel that threw out the appeals of 
Watergate figures G. Gordon Liddy, Bernard Barker, and Eugenio 
Martinez. In 1970, he ordered the University of Virginia to 
admit women. He clarified the rights of pregnant women to keep 
their jobs. In 1979, he presided over the trials of Ku Klux 
Klan and American Nazi Party members accused of injuring and 
killing members of the Communist Workers Party. He also ordered 
the integration of dozens of Virginia schools.
    On February 18, 2005, Judge Merhige passed away.

    To Designate the Federal Bureau of Investigation Building Under 
Construction in Omaha, Nebraska, as the ``J. James Exon Federal Bureau 
                      of Investigation Building''


                           Public Law 110-334


                               (S. 3009)


                            October 1, 2008

    This law designates the Federal Bureau of Investigation 
Building under construction in Omaha, Nebraska, as the ``J. 
James Exon Federal Bureau of Investigation Building''.
    J. James Exon was born on August 9, 1921, in Geddes, South 
Dakota. After graduating from the University of Omaha, he 
joined the United States Army Signal Corps, serving two years 
overseas in New Guinea, the Philippines, and Japan. He was 
honorably discharged as a Master Sergeant in December of 1945, 
and served in the Army Reserve until 1949. In 1954, Exon 
founded Exon's Incorporated, which became one of Nebraska's 
best-known office equipment companies.
    J. James Exon's political career began as a member of the 
Nebraska Democratic State Central Committee. He was also a 
member of the Democratic National Committee and went on to 
Chair the Nebraska Democratic Party from 1968 to 1970. He then 
served two terms as Governor of Nebraska prior to being elected 
to the U.S. Senate in 1978. He served three terms in the United 
States Senate before retiring in 1996. Following his retirement 
from the Senate, Senator Exon served on the Deutch Commission, 
which was created by Congress to study the threat of weapons of 
mass destruction.
    Outside of public life, Senator Exon was an active member 
of the Holy Trinity Episcopal Church in Lincoln, Nebraska. On 
June 10, 2005, Senator Exon passed away. He is survived by his 
wife, three children, and eight grandchildren.

 Authorizing the Use of the Capitol Grounds for the Greater Washington 
                             Soap Box Derby


                           (H. Con. Res. 79)


                              May 15, 2007

    H. Con. Res. 79 authorizes the use of the Capitol Grounds 
for the Greater Washington Soap Box Derby.

Authorizing the Use of the Capitol Grounds for the District of Columbia 
               Special Olympics Law Enforcement Torch Run


                           (H. Con. Res. 123)


                              May 15, 2007

    H. Con. Res. 123 authorizes the use of the Capitol Grounds 
for the District of Columbia Special Olympics Law Enforcement 
Torch Run.

   Authorizing the Use of the Capitol Grounds for the National Peace 
                       Officers' Memorial Service


                           (H. Con. Res. 124)


                              May 7, 2007

    H. Con. Res. 124 authorizes the use of the Capitol Grounds 
for the National Peace Officers' Memorial Service.

  Authorizing the Use of the Rotunda and Grounds of the Capitol for a 
 Ceremony To Award the Congressional Gold Medal to Tenzin Gyatso, the 
                         Fourteenth Dalai Lama


                           (H. Con. Res. 196)


                           September 4, 2007

    H. Con. Res. 196 authorizes the use of the rotunda and 
grounds of the Capitol for a ceremony to award the 
Congressional Gold Medal to Tenzin Gyatso, the Fourteenth Dalai 
Lama.

   Authorizing the Use of the Capitol Grounds for the National Peace 
                       Officers' Memorial Service


                           (H. Con. Res. 308)


                              May 1, 2008

    H. Con. Res. 308 authorizes the use of the Capitol Grounds 
for the National Peace Officers' Memorial Service.

Authorizing the Use of the Capitol Grounds for the District of Columbia 
               Special Olympics Law Enforcement Torch Run


                           (H. Con. Res. 309)


                              May 21, 2008

    H. Con. Res. 309 authorizes the use of the Capitol Grounds 
for the District of Columbia Special Olympics Law Enforcement 
Torch Run.

 Authorizing the Use of the Capitol Grounds for the Greater Washington 
                             Soap Box Derby


                           (H. Con. Res. 311)


                              June 4, 2008

    H. Con. Res. 311 authorizes the use of the Capitol Grounds 
for the Greater Washington Soap Box Derby.

  Authorizing the Use of the Capitol Grounds for a Celebration of the 
     100th Anniversary of Alpha Kappa Alpha Sorority, Incorporated


                           (H. Con. Res. 335)


                              June 4, 2008

    H. Con. Res. 335 authorizes the use of the Capitol Grounds 
for a celebration of the 100th anniversary of Alpha Kappa Alpha 
Sorority, Incorporated.

Expressing the Sympathy of the House of Representatives to the Citizens 
   of Greensburg, Kansas, Over the Devastating Tornado of May 4, 2007


                             (H. Res. 400)


                              May 22, 2007

    H. Res. 400 expresses the sympathy of the House of 
Representatives to the citizens of Greensburg, Kansas, 
regarding the devastating tornado of May 4, 2007.

Honoring the City of Minneapolis, First Responders, and the Citizens of 
 the State of Minnesota for Their Valiant Efforts in Responding to the 
 Horrific Collapse of the Interstate Route 35W Mississippi River Bridge


                             (H. Res. 606)


                           September 5, 2007

    H. Res. 606 honors the city of Minneapolis, first 
responders, and the citizens of the State of Minnesota for 
their valiant efforts in responding to the horrific collapse of 
the Interstate Route 35W Mississippi River Bridge.

   Expressing Heartfelt Sympathy for the Victims of the Devastating 
  Thunderstorms That Caused Severe Flooding During August 2007 in the 
States of Illinois, Iowa, Minnesota, Ohio, and Wisconsin, and for Other 
                                Purposes


                             (H. Res. 657)


                            October 2, 2007

    H. Res. 657 expresses heartfelt sympathy for the victims of 
the devastating thunderstorms that caused severe flooding 
during August 2007 in the States of Illinois, Iowa, Minnesota, 
Ohio, and Wisconsin, and for other purposes.

 Expressing the Sympathies and Support of the House of Representatives 
for the Individuals and Institutions Affected by the Powerful Tornados 
 That Struck Communities in Alabama, Arkansas, Kentucky, Mississippi, 
                   and Tennessee on February 5, 2008


                             (H. Res. 971)


                           February 13, 2008

    H. Res. 971 expresses the sympathies and support of the 
House of Representatives for the individuals and institutions 
affected by the powerful tornados that struck communities in 
Alabama, Arkansas, Kentucky, Mississippi, and Tennessee on 
February 5th, 2008.

   Commemorating the 80th Anniversary of the Okeechobee Hurricane of 
         September 1928 and Its Associated Tragic Loss of Life


                             (H. Res. 1376)


                           September 24, 2008

    H. Res. 1376 commemorates the 80th anniversary of the 
Okeechobee Hurricane of 1928, recognizes the tragic loss of 
life which resulted from the hurricane, and urges the Federal 
Government and state and local governments to take appropriate 
actions to encourage hurricane and disaster preparedness, 
education, response, and mitigation.

  Expressing the Sense of the House of Representatives Regarding the 
 Terrorist Attacks Launched Against the United States on September 11, 
                                  2001


                             (H. Res. 1420)


                           September 11, 2008

    H. Res. 1420 expresses the sense of the House of 
Representatives regarding the terrorist attacks launched 
against the United States on September 11, 2001. This 
resolution recognizes September 11 as a day of solemn 
commemoration. This resolution extends its deepest condolences 
again to the friends, families, and loved ones of the innocent 
victims of the September 11, 2001 terrorist attacks. H. Res. 
1420 honors the heroic service, actions, and sacrifices of 
first responders, law enforcement personnel, State and local 
officials, volunteers, and others who aided the innocent 
victims and, in so doing, bravely risked and often sacrificed 
their own lives. It also expresses gratitude to the foreign 
leaders and citizens of all nations who have assisted and 
continue to stand in solidarity with the United States against 
terrorism in the aftermath of the attacks. The resolution 
asserts in the strongest possible terms that the war on 
terrorists and terrorism is not a war on any nation, any 
people, or any faith. It recognizes the heroic service, 
actions, and sacrifices of United States personnel, including 
members of the United States Armed Forces, the United States 
intelligence agencies, the United States diplomatic service, 
and their families, who have sacrificed much, including their 
lives and health, in defense of their country against 
terrorists and their supporters. H. Res. 1420 vows that the 
United States will continue to take whatever actions are 
appropriate to identify, intercept, and defeat terrorists, 
including providing the United States Armed Forces, the United 
States intelligence agencies, and the United States diplomatic 
service with the resources and support to effectively and 
safely accomplish this mission. Finally, this resolution 
reaffirms that the American people will never forget the 
sacrifices made on and since September 11, 2001, and will 
defeat those who attacked our nation through our shared 
determination, spirit, and embrace of democratic values.

              General Services Administration Resolutions

    The Committee adopted 85 General Services Administration 
resolutions, including resolutions authorizing repair, 
alteration, and construction of Federal buildings and leasing 
of Federal office space. The Committee adopted one section 
11(b) study resolution.

                           Other Legislation


           Gulf Coast Hurricane Housing Recovery Act of 2007


                              (H.R. 1227)


                   Passed the House on March 21, 2007

    This bill includes a number of provisions designed to speed 
up the repair and rebuilding of homes and affordable rental 
housing in areas affected by Hurricanes Katrina, Rita, and 
Wilma, to ensure continued rental assistance for both families 
that have moved back to their home areas and for families 
displaced by such hurricanes, and to provide reimbursements to 
communities and landlords that were generous in providing 
assistance to hurricane evacuees in the aftermath of the 
storms.

               Dam Rehabilitation and Repair Act of 2007


                              (H.R. 3224)


                 Passed the House on September 29, 2007

    This bill makes changes to the National Dam Safety Program 
to establish a program that provides grant assistance to States 
for the rehabilitation and repair of deficient dams. This bill 
authorizes the Director of FEMA to provide grants for the 
rehabilitation and repair of publicly owned dams. Any State 
that seeks assistance under this program would make an 
application for funds to the FEMA Director. The FEMA Director, 
in consultation with the National Dam Safety Review Board, 
would establish a risk-based priority system for use in 
identifying deficient dams for which grants may be awarded 
under this program. States are required to provide at least 35 
percent of the funds necessary to rehabilitate such dams.

                  Pre-Disaster Mitigation Act of 2008


                              (H.R. 6109)


                   Passed the House on June 23, 2008

    This bill reauthorizes the Pre-Disaster Mitigation 
(``PDM'') program for three years, at a level of $250 million 
for each of fiscal years 2009 through 2011. The bill increases 
the minimum amount that each State can receive under the 
program from $500,000 to $575,000, and codifies the competitive 
selection process of the program as currently administered by 
the Federal Emergency Management Agency.

     Hurricanes Katrina and Rita Recovery Facilitation Act of 2007


                              (H.R. 3247)


                 Passed the House on September 29, 2007

    This bill provides relief for problems associated with 
recovery efforts specific to Hurricanes Katrina and Rita. The 
bill authorizes changes to Stafford Act programs exclusively 
for the recovery from Hurricanes Katrina and Rita, and applies 
these changes retroactively. Specifically, the bill increases 
the Federal share from 75 percent to 90 percent for ``alternate 
projects'' for Hurricanes Katrina and Rita, to allow money 
designated for a specific facility to be used toward another 
facility for the same purposes; permits a public assistance 
pilot program authorized in Public Law 109-295 to apply 
retroactively to Hurricanes Katrina and Rita; allows for third 
parties to review and speed up public assistance appeals 
through the use of alternative dispute resolution procedures; 
allows use of temporary housing for volunteers; increases the 
`small project' limit from $55,000 to $100,000; authorizes re-
interment of remains in private cemeteries; and provides 
additional flexibility for the projects that count toward the 
non-Federal share for Stafford Act hazard mitigation programs.

      Smithsonian Institution Facilities Authorization Act of 2008


                              (H.R. 6627)


                 Passed the House on September 17, 2008

    This bill authorizes the Board of Regents of the 
Smithsonian Institution to design and construct laboratory 
space to accommodate the Mathias Laboratory at the Smithsonian 
Environmental Research Center in Edgewater, Maryland, and 
authorizes the Board of Regents to construct laboratory space 
to accommodate the terrestrial research program of the 
Smithsonian Tropical Research Institute in Gamboa, Panama.

  To Authorize the Board of Regents of the Smithsonian Institution to 
   Construct a Greenhouse Facility at Its Museum Support Facility in 
               Suitland, Maryland, and for Other Purposes


                              (H.R. 5492)


                   Passed the House on March 11, 2008

    This bill authorizes the Board of Regents of the 
Smithsonian Institution to construct a greenhouse facility at 
its museum support facility in Suitland, Maryland. The bill 
authorizes $12 million to construct the facility.

                    FEMA Accountability Act of 2008


                               (S. 2382)


                 Passed the House on September 29, 2008

    S. 2382, the ``FEMA Accountability Act of 2008'', requires 
FEMA to develop a plan for the storage, disposal, transfer, or 
sale of excess temporary housing units in the disaster housing 
program to reduce the expense of storing excessive numbers of 
temporary housing units. On September 29, 2008, the House 
passed S. 2382, as amended. The Senate took no further action 
on the legislation.

               Public Housing Disaster Relief Act of 2008


                              (H.R. 6276)


                   Passed the House on June 18, 2008

    This bill repeals section 9(k) of the United States Housing 
Act of 1937.

         Civil Air Patrol Homeland Security Support Act of 2007


                              (H.R. 1333)


                   Passed the House on June 18, 2008

    This bill directs the Comptroller General to conduct a 
study of the functions and capabilities of the Civil Air Patrol 
to support the homeland security missions of state, local, and 
tribal governments and the Department of Homeland Security.

To Designate the United States Courthouse To Be Constructed in Jackson, 
     Mississippi, as the ``R. Jess Brown United States Courthouse''


                               (H.R. 399)


                   Passed the House on March 6, 2007

    H.R. 399 designates the United States Courthouse to be 
constructed in Jackson, Mississippi, as the ``R. Jess Brown 
United States Courthouse''.
    R. Jess Brown was born in Coffeeville, Kansas, on September 
2, 1912. He received a Bachelor of Education degree from 
Illinois State University, known then as Illinois State Normal 
University, in 1935, and a Master of Education degree from the 
University of Indiana in 1943. He attended Texas Southern Law 
School.
    As Associate Counsel for the National Association for the 
Advancement of Colored People (NAACP) Legal Defense and 
Educational Fund, Brown filed the first civil rights suit in 
Mississippi in the 1950s in Jefferson Davis County seeking the 
enforcement of the right of black citizens to become registered 
voters. While with the NAACP Legal Defense Fund, he played a 
major role in fighting discrimination in the areas of 
transportation and other public accommodations working along 
side Thurgood Marshall, who would later become Associate 
Justice of the United States Supreme Court.
    Brown also served as counsel for the American Civil 
Liberties Union, where he was successful in obtaining reversals 
of convictions of black defendants due to discrimination in 
jury selection. He also represented numerous black defendants 
in cases where the State sought the death penalty. As a result 
of these appeals, none of these defendants were ever executed.

 To Designate the United States Courthouse Located at 225 Cadman Plaza 
    East, Brooklyn, New York, as the ``Hugh L. Carey United States 
                              Courthouse''


                               (H.R. 429)


                   Passed the House on March 13, 2007

    H.R. 429 designates the United States Courthouse located at 
225 Cadman Plaza East, Brooklyn, New York, as the ``Hugh L. 
Carey United States Courthouse''.
    Hugh L. Carey was born in Brooklyn, Kings County, New York, 
on April 11, 1919. He graduated from St. John's College in 1949 
and St. John's Law School in 1951. During the Second World War, 
he entered the United States Army as an enlisted man in the One 
Hundred First Cavalry, New York National Guard, serving in 
Europe as a Major of infantry in the One Hundred Fourth 
Division. He was later decorated with the Bronze Star, Croix de 
Guerre, and Combat Infantry Award.
    After leaving the armed services, Carey went on to serve as 
the State chairman of the Young Democrats of New York. Carey 
was then elected to seven terms in Congress. In November 1974, 
Carey was elected the 51st Governor of New York and served two 
terms. As Governor he was the catalyst for the significant 
financial plan that averted the bankruptcy of New York City and 
began a sweeping program of fiscal reform and economic 
development to restore New York State's vitality. He served 
until January 1, 1983.
    In 1993, Governor Carey was appointed by President Clinton 
to the American Battle Monuments Commission to represent the 
United States at various ceremonies commemorating the 50th 
Anniversary of the end of World War II. After his extensive 
career in public service, Carey resumed the practice of law in 
New York City, where he currently resides.

To Designate the Federal Building and United States Courthouse Located 
at 101 Barr Street in Lexington, Kentucky, as the ``Scott Reed Federal 
                Building and United States Courthouse''


                               (H.R. 478)


                   Passed the House on March 13, 2007

    H.R. 478 designates the Federal building and United States 
courthouse located at 101 Barr Street in Lexington, Kentucky, 
as the ``Scott Reed Federal Building and United States 
Courthouse''.
    Scott Reed was born in Lexington, Kentucky, on July 3, 
1921, and died February 17, 1994. While in the practice of law, 
he was a County Attorney, retained as counsel for the Fayette 
County School Board, and also distinguished himself as a trial 
lawyer of great integrity.
    From 1964 until 1969, he was Judge of the First Division of 
the Fayette Circuit Court when he was elected to the Kentucky 
Court of Appeals, then the highest court in the state, and was 
chosen by the Court of Appeals as Chief Justice. He became the 
first Chief Justice of the Commonwealth of Kentucky, a rank 
equal to that of the Governor. His opinions from the Supreme 
Court of Kentucky have received national acclaim for their 
scholarly content.
    On November 2, 1979, President Jimmy Carter appointed him 
as a United States District Judge for the Eastern District of 
Kentucky. He became a Senior Judge August 1, 1988. Judge Reed 
was a member of the American, Kentucky State, and Fayette 
County Bar Associations. He received numerous honors including: 
the Algernon Sydney Sullivan Medallion from the University of 
Kentucky; Order of the Coif; Doctor of Laws-degree from 
Northern Kentucky University (1977); Kentucky Bar Association 
Award for outstanding service (1977); and the Henry T. Duncan 
Award for leadership, integrity and professional conduct from 
the Fayette County Bar Association (1977).

   To Designate the Federal Building Under Construction at 799 First 
 Avenue in New York, New York, as the ``Ronald H. Brown United States 
                Mission to the United Nations Building''


                               (H.R. 735)


                   Passed the House on July 30, 2007

    H.R. 735 designates the Federal building under construction 
at 799 First Avenue in New York, New York, as the ``Ronald H. 
Brown United States Mission to the United Nations Building''.
    Ronald Harmon Brown was born on August 1, 1941. In 1962, 
Brown graduated from Middlebury College in Vermont. After 
college, he served in the Army from 1962 to 1967, commanding 
several units in the United States, Germany, and South Korea. 
Brown was discharged from the Army in 1967. He then attended 
St. John's Law School and began working as a job developer and 
trainee adviser for the National Urban League. By 1976, Brown 
served as the National Urban League's Deputy Executive Director 
for programs and governmental affairs.
    He left the National Urban League in 1979 to work for 
Senator Edward M. Kennedy, who sought the Democratic Party's 
presidential nomination. In 1981, Brown began a career as a 
lawyer and lobbyist. He was elected Chairman of the Democratic 
National Committee in 1988, becoming the first African-American 
to Chair a national political party. He served until 1992 where 
he used his skills as a negotiator and pragmatic bridge builder 
to help reunite the Democratic Party after its defeat in the 
1988 presidential election.
    In 1993, President William J. Clinton appointed Ronald H. 
Brown as Secretary of Commerce. He was the first African-
American to serve as Secretary of Commerce. During his tenure, 
Secretary Brown effectively utilized and expanded the role of 
the U.S. Department of Commerce. Tragically, on April 3, 1996, 
while on an official Department of Commerce trade mission, 
Secretary Brown and 34 others were killed in an airplane crash 
in Croatia.

To Designate the Federal Building and United States Courthouse Located 
at 306 East Main Street in Elizabeth City, North Carolina, as the ``J. 
    Herbert W. Small Federal Building and United States Courthouse''


                              (H.R. 1138)


                   Passed the House on March 26, 2007

    This bill designates the Federal building and United States 
courthouse located at 306 East Main Street in Elizabeth City, 
North Carolina, as the ``J. Herbert W. Small Federal Building 
and United States Courthouse''.
    J. Herbert W. Small is a life-long resident of Elizabeth 
City, North Carolina. He is a graduate of the University of 
Virginia Engineering School, and the University of North 
Carolina Law School at Chapel Hill. He began the practice of 
law in 1949. During his professional career he was a member of 
the First Judicial District Bar Association, the American Bar 
Association, and the North Carolina Bar Association.
    He began his public career as Special Counsel to the 
Congressional Committee on Intergovernmental Relations. Judge 
Small later served as county attorney for Pasquotank County. In 
1979, Judge Small was elected Judge of Superior Court of the 
First Judicial District and served as senior resident judge for 
seventeen years. Judge Small is an active volunteer, serving on 
the Board of Directors of the Albemarle Hospital, and the 
American Red Cross. He has received numerous awards and honors 
from the Jaycees, the Boy Scouts, Volunteer Fireman, Chamber of 
Commerce, and the Rotary and Elks clubs. Further, Judge Small 
served his country during World War II in the U.S. Navy.

  To Designate the Federal Building Located at 131 East 4th Street in 
      Davenport, Iowa, as the ``James A. Leach Federal Building''


                              (H.R. 1505)


                    Passed the House on May 15, 2007

    This bill designates the Federal building located at 131 
East 4th Street in Davenport, Iowa, as the ``James A. Leach 
Federal Building.''
    James Albert Smith Leach was born in Davenport, Iowa, on 
October 15, 1942. Leach attended the public schools of 
Davenport, Iowa, and received his Bachelor of Arts degree from 
Princeton University in 1964. Leach later received a Master of 
Arts degree in Soviet Politics from the School of Advanced 
International Studies of Johns Hopkins University in 1966, and 
subsequently attended the London School of Economics.
    In 1968, Leach joined the U.S. Department of State as a 
Foreign Service Officer and subsequently served as special 
assistant to the director at the Office of Economic 
Opportunity. In the 1970s, Leach served in various capacities 
with the United Nations, the United States Advisory Commission 
on International Education and Cultural Affairs, and the 
Federal Home Loan Bank Board.
    In 1976, Leach was elected to Congress. Congressman Leach 
represented the 2nd District of Iowa in the United States House 
of Representatives for 30 years (1977-2007). A career public 
servant, Congressman Leach chaired the Committee on Banking and 
Financial Services, the Subcommittee on Asian and Pacific 
Affairs, and the Congressional-Executive Commission on China. 
He holds eight honorary degrees, has received decorations from 
two foreign governments, and is the recipient of the Wayne 
Morse Integrity in Politics Award, the Woodrow Wilson Award 
from Johns Hopkins University, the Adlai Stevenson Award from 
the United Nations Association, and the Edger Wayburn Award 
from the Sierra Club.
    In February 2007, former Rep. Leach joined the faculty of 
Princeton's Woodrow Wilson School of Public and International 
Affairs as a visiting professor.

 To Designate the Federal Building Located at 4600 Silver Hill Road in 
      Suitland, Maryland, as the ``Thomas Jefferson Census Bureau 
                        Headquarters Building''


                              (H.R. 5599)


                    Passed the House on June 4, 2008

    This bill designates the Federal building located at 4600 
Silver Hill Road in Suitland, Maryland, as the ``Thomas 
Jefferson Census Bureau Headquarters Building''.
    In 1790, Secretary of State Thomas Jefferson supervised the 
very first U.S. census. He was responsible for overseeing the 
collection of data and certifying the local census results that 
were collected by judicial-district marshals on horseback. 
Although Thomas Jefferson is perhaps best remembered as the 
third president of the United States and as the author of the 
Declaration of Independence, Jefferson is also considered by 
some to be the first director of the U.S. Census. Although the 
practice of performing a census has been in practice for 
thousands of years, the U.S. census is considered to be the 
first modern periodic census. Several European countries 
adopted similar census requirements in the early 19th century.
    Today the U.S. Census Bureau employs thousands of federal 
workers and is currently preparing for the next census in 2010. 
In the 2000 census, the Government Accountability Office 
estimated that the U.S. Census Bureau would need 860,000 
workers at its peak field operations to meet its goals of 
completing a census of the United States population. As the 
census has grown more complex in its almost 220-year history, 
the need for a permanent headquarters has consistently been a 
challenge. At various times, the U.S. Census Bureau has been 
headquartered in New York, New York, Washington, DC, and 
Suitland, Maryland.
    Since 1941, the U.S. Census has been headquartered in 
Suitland, Maryland. In 2007, the General Services 
Administration completed construction of a state-of-the-art 
U.S. Census Bureau headquarters building.

  Disaster Response, Recovery, and Mitigation Enhancement Act of 2008


                              (H.R. 6658)


        Ordered Reported Favorably to the House on July 31, 2008

    H.R. 6658, the ``Disaster Response, Recovery, and 
Mitigation Enhancement Act of 2008'', amends the Stafford Act 
to improve the assistance the Federal Government provides to 
States, local governments, and communities before, during, and 
after major disasters and emergencies. On July 31, 2008, the 
bill was ordered reported favorably to the House. No further 
action was taken on the bill.

 Supporting First Responders in the United States in Their Efforts To 
 Prepare for and Respond to Natural Disasters, Acts of Terrorism, and 
    Other Man-Made Disasters, and Affirming the Goals and Ideals of 
               National First Responder Appreciation Day


                             (H. Res. 592)


           Reported Favorably to the House on August 2, 2007

    H. Res. 592 supports first responders in the United States 
in their efforts to prepare for and respond to natural 
disasters, acts of terrorism, and other manmade disasters, and 
to affirm the goals and ideals of National First Responder 
Appreciation Day. On August 2, 2007, the Committee reported the 
resolution favorably to the House. No further action was taken 
on the resolution.

                                Hearings

    During the 110th Congress, the Subcommittee on Economic 
Development, Public Buildings and Emergency Management, held 33 
hearings.

                   The State of Economic Development

    On January 23, 2007, the Subcommittee held a hearing to 
look at the history of Federal economic development programs, 
the role of the Federal Government in economic development, and 
recommendations for 21st Century investment. The Public Works 
and Economic Development Act of 1965 created partnerships 
between the Federal Government and state and local development 
entities to alleviate conditions of substantial and persistent 
unemployment in economically distressed areas and regions. One 
of the goals of the Federal role in national economic 
development activities is to enhance community success in 
attracting private capital investment and job opportunities.

               GSA Case Study: Efficient Location Policy

    On February 27, 2007, the Subcommittee held a field hearing 
in Washington, D.C. on the General Services Administration's 
role in procuring office space for Federal agencies, the role 
of the Federal Government in revitalizing urban areas, and 
suggestions for achieving efficiencies in future procurement 
for Federal office space. To satisfy various Federal Government 
needs, GSA leases space in a wide range of sizes, locations, 
and terms. GSA leases space that ranges in size from leasing a 
single room to an entire building. Initial alterations to 
prepare space for occupancy differ according to the needs of 
the tenant agency. In recognition of the needs of America's 
urban cities, President Carter issued Executive Order 12072 
mandating that GSA use Federal facilities in urban areas to 
strengthen the nation's cities and to make them attractive 
places to live and work. Executive Order 12072 encouraged GSA, 
in its acquisition of Federal space, to conserve existing urban 
resources and encourage the development and redevelopment of 
cities. Furthermore, Executive Order 12072 required that GSA 
give serious consideration to the impact that a site selection 
would have on social, economic, environmental, and cultural 
conditions of the communities in the urban area. The 
Subcommittee examined site selections in Washington, DC, 
focusing on the area north of Massachusetts Avenue. As a result 
of the hearing, all GSA resolutions include a provision that 
requires the delineated area in solicitation to match the area 
described in the resolution unless GSA provides a written 
explanation for any deviation.

         Post-Katrina Temporary Housing: Dilemmas and Solutions

    On March 20, 2007, the Subcommittee held a hearing to 
examine the process by which the Federal Emergency Management 
Agency disposes of surplus property, and the treatment of 
Hurricane Katrina evacuees housed in mobile homes. Concerns 
remain over FEMA's housing policies in response to Hurricane 
Katrina, many of which were highlighted in the media. On March 
5, 2007, the Associated Press reported that FEMA suddenly 
``closed down a trailer site housing Hurricane Katrina victims 
because of health and safety reasons.'' The abruptness of the 
FEMA announcement to the residents of the Yorkshire Mobile Home 
Park in Hammond, Louisiana, as well as ``uncertain and 
sometimes contradictory'' answers to questions have raised 
concerns. FEMA maintains that living on the site presented 
health and safety risks due to frequent power outages and 
ongoing sewage problems. This hearing focused more broadly on 
FEMA housing policy and legislative recommendations.

                  FEMA's Emergency Food Supply System

    On April 20, 2007, the Subcommittee held a hearing on the 
Federal Emergency Management Agency's system of food 
distribution in response to an emergency. On April 14, 2007, 
the Washington Post reported that 13.4 million prepared meals, 
held in reserve by FEMA for the purpose of distribution during 
emergency or natural disaster, went unused or spoiled during 
the 2006 hurricane season. The vast majority of these meals, or 
13 million meals valued at $70 million, were donated to a 
hunger relief agency that provides food to homeless shelters 
and food banks. An additional 400,000 meals, valued at $2.2 
million, spoiled because of storage in trailers without proper 
temperature controls. Consistent with the requirements of 
section 636 of the Post-Katrina Emergency Management Reform Act 
of 2006 (Title VI of P.L. 109-295) (6 U.S.C. 724), the 
Administrator of FEMA is required to ``develop an efficient, 
transparent, and flexible logistics system for procurement and 
delivery of goods and services necessary for an effective and 
timely response to natural disasters, acts of terrorism, and 
other manmade disasters and for real time visibility of items 
at each point throughout the logistics system.'' In light of 
FEMA's recent actions, the Subcommittee examined the 
effectiveness and efficiency of FEMA's food storage and 
delivery system, and its planning for the provision of food in 
the event of a disaster during this hearing.

            FEMA's Preparedness and Response to All Hazards

    On April 26, 2007, the Subcommittee held a hearing to 
examine whether the Federal Emergency Management Agency and the 
Department of Homeland Security focused on all hazards in 
preparedness for and response to the risks that confront our 
nation. Hurricane Katrina made landfall on August 29, 2005 and 
proved to be the costliest and one of the most deadly natural 
disasters in American history. Hurricane Katrina exposed two 
consequences of the placement of FEMA in the DHS: the failure 
to follow an all-hazards approach and the breakdown of an 
integration of all phases of emergency management. The Post-
Katrina Emergency Management Reform Act of 2006 reintegrated 
preparedness back with the other phases of emergency management 
at FEMA and re-established FEMA's day-to-day links with the 
state and local governments the agency works with in a 
disaster. This hearing examined how this remedy is working and 
whether the steps taken by the Act are sufficient.

    The Southeast Crescent Authority, the Northern Border Economic 
    Development Commission, and Southwest Regional Border Authority

    On May 3, 2007, the Subcommittee held a hearing on the 
potential economic development role of these commissions in the 
Commission areas, the role of the Federal Government in 
economic development, and successful models of economic 
development with federal support. The economic development 
activities of the Subcommittee include jurisdiction over the 
Economic Development Administration (``EDA'') of the U.S. 
Department of Commerce, the Appalachian Regional Commission 
(``ARC''), the Denali Commission, the Delta Regional Authority 
(``DRA''), and the Northern Great Plains Regional Authority. 
Many other regions also experience high poverty, areas of 
significantly higher-than-average unemployment rates, limited 
access to capital, low per capita personal income, and high job 
loss. These regions have expressed interest in creating 
regional economic development authorities, similar to the 
structure of the ARC, to provide funding for projects that 
stimulate economic development and promote the character and 
industries of the region while not supplanting existing 
institutions and programs that provide funding, such as the 
Economic Development Administration, state agencies, and local 
development organizations. The Subcommittee examined different 
regions of the country to determine the need for possible new 
economic development commissions. This hearing formed the basis 
for Committee consideration of H.R. 3246, the ``Regional 
Economic and Infrastructure Development Act of 2007'', which 
became Public Law 110-234, Title VI, sections 6025 and 6026, 
and Title XIV, section 14217.

             National Levee Safety and Dam Safety Programs

    On May 8, 2007, the Subcommittee held a joint hearing with 
the Subcommittee on Water Resources to receive testimony on the 
benefits of the National Levee Safety and Dam Safety programs, 
the need for reauthorization, and proposed reforms. The 
National Dam Safety Program has helped to mitigate the risk of 
dam failure by providing technical and financial assistance to 
state dam safety officials. There are approximately 80,000 dams 
in the United States; of these, approximately 10,000 dams are 
considered to have high-hazard potential, meaning their failure 
could result in loss of life or severe property damage. Private 
individuals, corporations, and state and local governments own 
more than 95 percent of the dams in America, making state dam 
safety officials our first line of defense in preventing dam 
failures and mitigating the effects through the development of 
Emergency Action Plans. A primary function of the National Dam 
Safety Program is to increase the level of knowledge and 
preparedness to prevent and mitigate the effects of dam 
failures.

 General Service Administration's Fiscal Year 2008 Capital Investment 
                       and Leasing Program (CILP)

    On May 10, 2007, the Subcommittee held a hearing to focus 
on all aspects of the Capital Investment and Leasing Program 
(``CILP'') including repair, alteration, and construction of 
Federal buildings and leasing of Federal office space. The 
Capital Investment and Leasing Program plays a key role in 
providing the necessary resources to maintain current real 
property assets and acquire new or replacement assets. The 
Subcommittee has jurisdiction over all of GSA's real property 
activities pursuant to the Property Act of 1949, the Public 
Buildings Act of 1959, and the Cooperative Use Act of 1976. 
These three Acts are now codified in Title 40 of the United 
States Code. The President's budget request for FY 2008 
included $615 million for new construction, including $318 
million for consolidation of the Department of Homeland 
Security.

 Legislative Fixes for Lingering Problems That Hinder Katrina Recovery

    On May 10, 2007, the Subcommittee held a hearing to hear 
from Members of Congress representing Gulf Coast districts, 
which were still recovering 20 months after Hurricane Katrina. 
The Stafford Act authorizes disaster assistance that the 
Federal Emergency Management Agency provides after a major 
disaster. While the authority of the Stafford Act is very broad 
and flexible, it does not anticipate every circumstance that 
can arise in a disaster such as Hurricane Katrina. 
Historically, when catastrophic or unusual disasters strike, 
FEMA and Congress work cooperatively to identify areas where 
FEMA needs specific authority or direction. However, 
circumstances were different in dealing with Hurricane Katrina. 
When Katrina struck, FEMA was not a flexible or independent 
government agency. Rather, FEMA was an organization within the 
Department of Homeland Security, a larger bureaucracy, and 
without direct access to the President and Congress. This lack 
of autonomy was magnified by the unprecedented scope and 
magnitude of Hurricane Katrina. Members of Congress testified 
on issues that were still affecting and hindering recovery in 
their districts, even though more than 20 months had elapsed 
since Katrina.

    Assuring the National Guard Is as Ready at Home as It Is Abroad

    On May 18, 2007, the Subcommittee held a hearing to hear 
testimony from the Federal Emergency Management Agency, the 
North Carolina Division of Emergency Management, and the 
Missouri National Guard. The Subcommittee received testimony on 
whether the National Guard was fully ready for disaster in 
their home States in light of the deployments of National Guard 
troops abroad. In many cases, National Guard troops leave 
equipment overseas when they return home so other units 
deploying overseas can use that equipment. According to news 
accounts, a number of Governors have expressed concerns as to 
whether the National Guard can be ready for disasters in their 
home states in light of the deployment of troops overseas and 
depletions of equipment.

       What Visitors Can Expect at the Capitol Visitors Center: 
             Transportation, Access, Security, and Visuals

    On June 9, 2007, the Subcommittee held a hearing on the 
operational and management plans for the new Capitol Visitor 
Center (``CVC''). As originally conceived, the United States 
Capitol was never intended to be able to accommodate the number 
of visitors that visit the U.S. Capitol annually. Today, more 
than three million people visit the Capitol on an annual basis. 
In addition, since the birth of our nation, the number of 
Representatives in Congress has increased as the nation has 
grown. This increase, along with the resulting increase in 
staff, has created a need for additional space in the Capitol. 
In 1991, Congress provided funds for the conceptual design and 
planning of a Capitol Visitors Center. In 1993, the Capitol 
Preservation Commission allocated funds to carry the conceptual 
study into an actual design document. The new CVC was expected 
to be completed in the fall of 2005. There will be 170,000 
square feet of office space for the House and Senate, a main 
Exhibition Hall, a Visitor Center Auditorium, a gift shop, and 
other amenities. In total, the CVC will be 580,000 square feet 
of space. The Subcommittee examined transportation plans, 
building security, and general access. Specifically, the 
Subcommittee examined how the Architect of the Capitol plans to 
staff the new visitor center, how it will provide security to 
both the Capitol and its visitors, and the details of the 
operational plan for the CVC when it opens in 2008.

    Public and Private Responsibility for Maintaining Our National 
       Treasures: The Smithsonian and the John F. Kennedy Center

    On June 15, 2007, the Subcommittee held a hearing to 
examine the process by which two renowned Federal institutions, 
the Smithsonian Institution and the John F. Kennedy Center for 
the Performing Arts (``Kennedy Center''), plan for capital 
asset acquisition and maintenance utilizing public and private 
funds. In particular, the Subcommittee examined the role of 
these institutions' Boards and fundraising.
    The Kennedy Center receives Federal funding for operations 
and maintenance and construction through the Department of the 
Interior, Environment, and Related Agencies Appropriations Act. 
For FY 2007, the Administration's budget requested $39.1 
million for the Kennedy Center to provide the necessary funding 
to renovate the Eisenhower Theater, the last major renovation 
in the Comprehensive Building Plan. There are 59 members on the 
Kennedy Center Board of Trustees serving six-year terms.
    Approximately two-thirds of the Smithsonian's total funding 
comes through Federal appropriations and is funded through the 
Department of the Interior, Environment, and Related Agencies 
Appropriations Act. For FY 2007, the Institution's total 
appropriation was $634 million. Of this, $536 million was for 
salaries and expenses, which includes facilities maintenance, 
and $99 million was for major capital revitalization projects. 
In 1846, when the Smithsonian was created by legislation, 
Congress established a Board of Regents to administer the 
Institution. It is a 17-member Board with three members 
appointed by the Majority Leader of the Senate, and three 
members appointed by the Speaker of the House. In addition 
there are citizen members nominated by the Board and approved 
by Congress.

   The Responsibility of the Department of Homeland Security and the 
 Federal Protective Service To Ensure Contract Guards Protect Federal 
                     Employees and Their Workplaces

    On June 21, 2007, the Subcommittee held a hearing to 
identify weaknesses in the Federal Protective Service's 
oversight of its contract guard program. While FPS has made 
improvements in the timelines of contractor invoice processing 
and payments in the past year, it has not established protocols 
or processes to ensure that contractors are initially 
``capable, responsible, and ethical,'' as required by Federal 
Acquisition Regulations, and that they remain so throughout the 
life of the contract. This hearing formed the basis for 
Committee consideration of H.R. 3068, the ``Federal Protective 
Service Guard Contracting Reform Act of 2008'', which became 
P.L. 110-356. The law prohibits the Secretary of Homeland 
Security from awarding contracts to provide guard service under 
the contract security program of the Federal Protective Service 
to a business concern that is owned, controlled or operated by 
a convicted felon.

Federal Leadership by Example on Energy Conservation--No Cost Quick and 
                    Easy Steps for Immediate Results

    On July 19, 2007, the Subcommittee held a hearing to review 
the practices and procedures used by the General Services 
Administration and the Department of Defense (``DOD'') to 
encourage and incentivize their tenants and building managers 
to identify and engage in common sense, practical energy 
conservation activities. GSA and DOD both handle extensive real 
estate portfolios. GSA owns approximately 1,500 buildings which 
includes about 175 million square feet of space of general 
purpose office space and warehouse facilities. Further, the 
agency controls through leases approximately 7,100 buildings 
which includes 176 million square feet of space. The functional 
replacement value of the GSA portfolio is about $41.7 billion. 
The DOD has a similarly impressive portfolio in all 50 States 
and 40 foreign countries. DOD occupies about 345,000 buildings 
throughout the world, valued at about $423 billion. The 
portfolio is about 2.4 billion square feet. Its facilities 
include hospitals, family housing, troop housing and mess 
facilities, community facilities, maintenance and production 
facilities, and operation and training facilities. The 
estimated replacement value of the DOD portfolio is 
approximately $653 billion. In fiscal year 2006, DOD paid $3.2 
billion in utility bills.

Readiness in the Post-Katrina and Post-9/11 World: An Evaluation of the 
                    New National Response Framework

    On September 11, 2007, the Subcommittee held a hearing to 
receive testimony on the contents of the new National Response 
Framework released that day by the Department of Homeland 
Security and the process for its development. Witnesses 
testified about what this framework indicates, six years after 
9/11 and two years after Hurricane Katrina, about our nation's 
preparedness for and ability to effectively respond to all 
hazards, including natural disasters and terrorist threats. 
This hearing provided an update on the implementation of the 
reform of FEMA as mandated by the Post-Katrina Emergency 
Management Reform Act of 2006.

   Emancipation Hall: A Tribute to Slaves Who Helped Build the U.S. 
                                Capitol

    On September 25, 2007, the Subcommittee held a hearing to 
receive testimony from the sponsors of H.R. 3315, a bill to 
name the great hall at the Capitol Visitor Center (CVC) as 
``Emancipation Hall''. The CVC will be completed in the fall of 
2008. This Center encompasses 580,000 square feet of space on 
three levels above and below ground. The footprint of the 
facility is approximately five acres, which is about 193,000 
square feet. The CVC has a great hall that includes information 
and ticketing desks, as well as a generous waiting area. In 
addition, there is also an exhibition gallery, two orientation 
theaters, a new dining cafeteria with capacity for 550 people, 
two gift shops, 26 restrooms, and a 1,000 foot linear tunnel 
for truck loading and delivery. The overall project budget is 
$548 million. H.R. 3315 became Public Law 110-139.

 The Reauthorization of the John F. Kennedy Center for the Performing 
                                  Arts

    On September 27, 2007, the Subcommittee held a hearing to 
receive testimony on the reauthorization of Federal funding for 
operations, maintenance, and capital improvements for the John 
F. Kennedy Center for the Performing Arts. The Kennedy Center 
receives Federal funding for operations, maintenance, and 
capital improvements through the annual appropriations process 
in the Department of the Interior, Environment, and Related 
Agencies Appropriations Act. The FY 2007 enacted funding levels 
for the Kennedy Center were $17.6 million for operations and 
maintenance and $12.8 million for construction, for a total of 
$30.4 million. For FY 2008, the Administration's budget 
requested $20 million for operations and $19.4 million for 
construction, for a total of $39.4 million. As a result of the 
FY 2007 Continuing Resolution, the Kennedy Center had to shift 
several projects within its Comprehensive Building Plan to 
future years to keep the Eisenhower Theater renovation on 
schedule.

The New Department of Homeland Security Headquarters at St. Elizabeths: 
                      Local Business Opportunities

    On December 12, 2007, the Subcommittee held a hearing to 
receive testimony on the business opportunities presented by 
Federal redevelopment of the West Campus of St. Elizabeths. The 
General Services Administration is responsible for the 
redevelopment of the campus to provide a consolidated 
headquarters for the Department of Homeland Security. The 
purpose of the hearing was to: examine GSA's practices and 
policies regarding economic development around Federal 
buildings; evaluate how other Federal development efforts 
incorporated the participation of local residents and 
businesses; assess GSA's plan to incorporate DHS into the 
southeast Washington neighborhoods of Congressional Heights and 
Anacostia; and review the District of Columbia's plan to take 
advantage of the influx of Federal employees and small business 
opportunities in the community.

  Government Accountability's Office Review of the Federal Protective 
                     Service: Preliminary Findings

    On February 8, 2008, the Subcommittee held a hearing to 
examine the preliminary findings of the Government 
Accountability Office's review of the Federal Protective 
Service. On February 13, 2007, Chairman James L. Oberstar and 
Subcommittee Chair Eleanor Holmes Norton wrote to the 
Government Accountability Office to request an examination of 
whether the FPS budget and personnel were adequate to support 
the proposed FPS mission, which was grounded in an inspector-
based workforce, rather than a protection-based workforce. The 
request called for a comparison of current experience, 
workforce size, retention rates, and salaries to those areas 
prior to FPS's transfer to Department of Homeland Security. The 
hearing focused on the GAO's preliminary findings regarding 
these issues.

  Doing Business with the Government: The Record and Goals for Small, 
                 Minority, and Disadvantaged Businesses

    On March 6, 2008, the Subcommittee held a hearing to 
examine the small business programs of the Architect of the 
Capitol, the General Services Administration, the Federal 
Emergency Management Agency, the Smithsonian Institution, and 
the John F. Kennedy Center for the Performing Arts. The Federal 
Acquisition Regulation (``FAR'') governs the process by which 
the Federal Government procures goods and services. With 
respect to small business concerns, the FAR, under Part 52.219-
8, states that: ``It is the policy of the United States that 
small business concerns, veteran-owned small business concerns, 
service-disabled veteran-owned small business concerns, HUBZone 
small business concerns, small disadvantaged business concerns, 
and women-owned small business concerns shall have the maximum 
practicable opportunity to participate in performing contracts 
let by any Federal agency, including contracts and subcontracts 
for subsystems, assemblies, components, and related services 
for major systems.'' To implement this policy, each Federal 
agency establishes an annual goal that represents, for that 
agency, the maximum practicable opportunity for small business 
concerns.

A Growing Capitol Complex and Visitor Center: Needs for Transportation, 
              Security, Greening, Energy, and Maintenance

    On April 1, 2008, the Subcommittee held a hearing to 
examine the Capitol Complex Master Plan and the Capitol Visitor 
Center, with a focus on transportation, security, greening 
initiatives, energy, and maintenance. The United States Capitol 
Complex (``Capitol Complex'') consists of the U.S. Capitol, the 
Cannon, Longworth, Rayburn and Ford House Buildings, the Hart, 
Dirksen, and Russell Senate Office Buildings, the U.S. Botanic 
Garden, the Capitol Grounds, the Library of Congress buildings, 
the U.S. Supreme Court Building, and the Capitol Power Plant. 
The Capitol Complex contains approximately 16.5 million square 
feet of building space including surface and below grade 
parking structures, and special purpose space such as the power 
plant, storage, and child care centers, housed in historic as 
well as modern buildings on approximately 450 acres. The 
replacement value for these facilities is approximately $9 
billion. The AOC is responsible for maintaining the Capitol 
Complex.

             National Flood Remapping: The Practical Impact

    On April 2, 2008, the Subcommittee held a hearing to 
examine the practical impact of the Federal Emergency 
Management Agency's Flood Map Modernization Program. In 2003, 
FEMA initiated an effort to modernize the often outdated or 
flawed 1968 flood maps. Flood maps require updating because 
there are often physical changes to the topography, increased 
runoff from upstream development, improved statistical 
analysis, and changes to records and data that warrant revision 
to existing maps. These maps are used by emergency managers in 
all phases of emergency management.

  The Old Post Office Building: The General Services Administration's 
                          Plans for Future Use

    On April 10, 2008, the Subcommittee held a hearing to 
receive testimony regarding plans for the future development of 
the Old Post Office building. The Old Post Office building in 
Washington, DC, constructed from 1892 to 1899, was intended to 
be the U.S. Post Office Department Headquarters building as 
well as the city's main post office. The Old Post Office 
building is an aging historical building that is inefficient, 
underutilized, and a financial drain on the Federal Building 
Fund. Because of the building's large atrium and relatively 
little office space for a building of its size, the costs of 
operating and maintaining the building per square foot of 
usable space are high. To redevelop the property, the current 
tenants must be relocated, which requires prospectuses to be 
approved by the Office of Management and Budget, the Committee 
on Transportation and Infrastructure, and the Senate Committee 
on Environment and Public Works. Congress enacted Public Law 
110-359, which directs the General Service Administration to 
redevelop the Old Post Office building.

 First in a Series: Greening Washington and the National Capital Region

    On April 17, 2008, the Subcommittee held a hearing on 
greening initiatives for Washington, DC, and the National 
Capital Region. Current trends and future initiatives regarding 
facility management increasingly include concepts of 
sustainability and how ``green'' buildings contribute to 
sustainability. These concepts are quickly becoming fundamental 
requirements for both the facility owner and the facility 
tenant. Although there are many definitions of sustainability, 
all contain the notion of environmental balance and the goal of 
meeting present needs without jeopardizing the ability to meet 
future requirements. The goal is no net loss. Sustainability 
applies not only to the built environment but also to a variety 
of systems such as water systems, ecosystems, agriculture 
systems, and energy. Green buildings generally refer to 
buildings designed and built in such a way that they adhere to 
the tenets of sustainability. The hearing examined aspects of 
the building process, including construction, renovation, 
alteration, operation, and maintenance.

   Saving Lives and Money through the Pre-Disaster Mitigation Program

    On April 20, 2008, the Subcommittee held a hearing on the 
Federal Emergency Management Agency's Pre-disaster Mitigation 
Program. The hearing focused on the reauthorization of the Pre-
disaster Mitigation Program, which provides assistance on a 
competitive basis to States and localities to carry out hazard 
mitigation projects. The PDM program provides cost-effective 
technical and financial assistance to state and local 
governments to reduce injuries, loss of life, and damage to 
property caused by natural hazards. Examples of mitigation 
activities include the seismic strengthening of buildings and 
infrastructure, relocation of buildings out of floodplains, 
installing shutters and shatter resistant windows in hurricane-
prone areas, and the building of ``safe rooms'' in houses and 
other buildings to protect from high winds. The PDM program 
provides grants to States on a competitive basis, with each 
State receiving a statutory minimum of $500,000 or one percent 
of the funds appropriated whichever is less. While the PDM 
program is generally recognized as effective, there is a 
concern with long delays in awarding grants. For example, of 
the $50 million made available in FY 2006, $39 million has been 
awarded, and in FY 2007 only $52.3 million has been awarded 
from an appropriation of $100 million. At the hearing, 
witnesses testified regarding whether funds should be 
distributed on a competitive basis, by formula, or a hybrid of 
competition and formula.

Assuring Public Alert Systems Work To Warn American Citizens of Natural 
                        and Terrorist Disasters

    On June 4, 2008, the Subcommittee held a hearing on the 
efforts within the Federal Government, particularly the Federal 
Emergency Management Agency, to modernize, expand, and 
integrate existing emergency alert warning systems mainly 
through the Integrated Public Alert and Warning Systems 
(``IPAWS'').

   Making the General Services Administration Lease and Construction 
           Process Efficient, Transparent, and User Friendly

    On June 6, 2008, the Subcommittee held a hearing to receive 
testimony on ``Making the GSA Lease and Construction Process 
Efficient, Transparent, and User-friendly''. Witnesses 
testified on the roles of the General Services Administration 
and the private sector in procuring space for the Federal 
Government by construction or leasing, and provided 
recommendations for making the procurement process more 
efficient. The purpose of the hearing was to examine the 
construction and leasing procurement process and how GSA can 
promote greater savings throughout the process by working 
collaboratively with the private sector in reducing costs and/
or eliminating costly provisions the process.

    The Federal Protective Service: An Agency in Need of Rebuilding

    On June 18, 2008, the Subcommittee held a hearing to 
examine the final report of the Government Accountability 
Office's review of the Federal Protective Service. On February 
13, 2007, Chairman James L. Oberstar and Subcommittee Chair 
Eleanor Holmes Norton wrote to the Government Accountability 
Office to request an examination of whether the FPS budget and 
personnel were adequate to support the proposed FPS mission, 
which was grounded in an inspector-based workforce rather than 
a protection-based workforce. The request called for a 
comparison of current experience, workforce size, retention 
rates, and salaries to those areas prior to FPS's transfer to 
Department of Homeland Security. The hearing focused on GAO's 
final report regarding these issues.

  Moving Mississippi Forward: Ongoing Progress and Remaining Problems

    On June 19, 2008, the Subcommittee held a hearing on the 
status of the recovery from Hurricane Katrina in the State of 
Mississippi. The hearing focused on disaster recovery programs 
being provided by the Federal Emergency Management Agency and 
on overall housing policy, rebuilding public infrastructure, 
and the case management services provided through FEMA. The 
State of Mississippi is still recovering from Hurricane 
Katrina. As of May 27, 2008, FEMA reports that there were 6,384 
temporary housing units in use in the state. In addition to 
providing housing for disaster victims, Mississippi was still 
actively working with FEMA to replace and repair public 
infrastructure and address mitigation issues for any new 
construction along the Gulf Coast. According to the U.S. 
Census, when Hurricane Katrina made landfall in 2005, 
Mississippi had the highest rate of poverty in the U.S., which 
had only increased the necessity for and importance of recovery 
services.

 General Services Administration's Fiscal Year 2009 Capitol Investment 
                       and Leasing Program (CILP)

    On July 11, 2008, the Subcommittee held a hearing on the 
``General Services Administration's Fiscal Year 2009 Capital 
Investment and Leasing Program (CILP)'', including repair, 
alteration, and construction of Federal buildings and leasing 
of Federal office space. The Capital Investment and Leasing 
Program plays a key role in providing the necessary resources 
to maintain current real property assets and acquire new or 
replacement assets. The Subcommittee has jurisdiction over all 
of GSA's real property activities pursuant to the Property Act 
of 1949, the Public Buildings Act of 1959, and the Cooperative 
Use Act of 1976. These three Acts are now codified in Title 40 
of the United States Code. The President's budget request for 
FY 2009 included $620.1 million for new construction, including 
$331.3 million for consolidation of the Department of Homeland 
Security.

  Union Station: Comprehensive Hearing on the Private Management, the 
       Public Space, and the Intermodal Spaces Present and Future

    On July 22, 2008, the Subcommittee held a hearing to 
examine the private management of Union Station, current 
intermodal transportation plans, as well as future intermodal 
transportation plans. The Department of Transportation 
established the Union Station Redevelopment Corporation, as a 
wholly-owned government corporation, with the stated goal of 
``commercial development of the Union Station complex that 
will, to the extent possible, financially support the continued 
operation and maintenance of such complex.'' According to the 
charter, the Corporation's principal office shall be in the 
District of Columbia. According to Senate Report 97-269, the 
idea of an intermodal center dates to a 1967 report issued by 
the National Capital Planning Commission (NCPC), which 
envisioned a station combining bus, intercity, and intracity 
rail components with local transportation modes.

       Credit Crunch: Effects on Federal Leasing and Construction

    On July 30, 2008, the Subcommittee held a hearing to 
examine the effects the current credit crunch has on the 
commercial office space market and its effect on the General 
Services Administration's capital program, specifically 
leasing. The Subcommittee hearing examined the nexus between 
the current credit crunch and the federal leasing program. 
There are several definitions of ``credit crunch''. In general, 
it involves a condition in which there is a short supply of 
cash to lend to businesses and consumers and usually occurs 
during a recession or poor economic times. The General Services 
Administration relies on the private sector to supply by lease 
more than 50 percent of the Federal Government's need for 
general purpose office space. The inability of the private 
sector to supply space negatively affects GSA's ability to 
lease space for Federal agencies.

   Role of the Federal Government in Small Business Disaster Recovery

    On September 12, 2008, the Subcommittee held a hearing on 
the role of the Federal Government in the recovery of small 
businesses from disasters. After a disaster, assistance 
provided directly to businesses is provided through the Small 
Business Administration (``SBA''), under the authority of the 
Small Business Act rather than through Federal Emergency 
Management Administration. SBA assistance takes the form of 
loans, not grants. Businesses are eligible for loans up to $2 
million for repairs or replacement of their buildings, 
inventory, and machinery, as well as working capital loans to 
help with business losses as a result of the disaster. These 
loans are at interest rates as low as four percent. While FEMA 
does not provide Public Assistance grants to small businesses, 
businesses benefit indirectly from that program. For example, 
the authority to reimburse state or local governments to remove 
debris from private property includes debris on commercial 
property as well as homes. However, unlike eligible private 
non-profits, businesses can not be reimbursed if they remove 
the debris themselves. In addition, businesses receive indirect 
benefits from repairs to public facilities such as roads, 
sewers, and water systems.

 FEMA's Response to the 2008 Hurricane Season and the National Housing 
                                Strategy

    On September 23, 2008, the Subcommittee held a hearing on 
the Federal Emergency Management Agency's response to the 2008 
hurricane season, the proposed National Disaster Housing 
Strategy, and the role of the American Red Cross in 
catastrophic events. The 2008 hurricane season had a serious 
impact on citizens and communities throughout the Gulf Coast 
and the eastern half of the country. The President declared 13 
Major Disasters or Emergencies under the Stafford Act for 
Hurricanes or Tropical Storms. While significant, the impact of 
these storms had not been as catastrophic as other hurricane 
seasons, such as 2005, when Hurricanes Katrina, Rita, and Wilma 
struck the United States. In addition, the hearing addressed 
FEMA's National Housing Strategy. The Post-Katrina Emergency 
Management Reform Act of 2006 directed FEMA to submit a report 
to Congress describing the National Disaster Housing Strategy. 
At the hearing, the Subcommittee received testimony from Mr. 
Harvey Johnson, the Deputy Administrator of FEMA, on the 
National Disaster Housing Strategy.

   SUMMARY OF ACTIVITIES FOR THE SUBCOMMITTEE ON HIGHWAYS AND TRANSIT

    During the 110th Congress, the Subcommittee on Highways and 
Transit, chaired by Representative Peter A. DeFazio, with 
Representative John J. Duncan Jr. serving as Ranking Member, 
held, or participated in, 25 hearings (169 witnesses and 
approximately 70 hours), and five briefings and roundtables, 
covering the breadth of issues within the jurisdiction of the 
Subcommittee.
    The Committee on Transportation and Infrastructure 
developed major legislation, H.R. 3999, the ``National Highway 
Bridge Reconstruction and Inspection Act of 2007'', in the 
110th Congress. This bill amends the Highway Bridge Program and 
the National Bridge Inspection Program to improve the safety of 
Federal-aid highway bridges, strengthen bridge inspection 
standards and processes, and increase investment in the 
reconstruction of structurally deficient bridges on the 
National Highway System. On July 24, 2008, H.R. 3999 passed the 
House by a vote of 367 to 55. The Senate did not complete 
action on the legislation.
    The Committee also developed H.R. 3311, in the wake of the 
I-35W bridge collapse in Minneapolis, Minnesota on August 1, 
2007. This bill authorized additional funds for emergency 
repairs and reconstruction of the bridge and waived the 
$100,000,000 limitation on emergency relief funds for those 
emergency repairs and reconstruction. On August 3, 2007, this 
legislation passed the House by a vote of 421-0, and passed the 
Senate with an amendment by the Senate by Unanimous Consent on 
August 4, 2007. The President signed the bill, as amended, into 
law on August 6, 2007.
    The following bills and resolutions were enacted in the 
110th Congress:
          Public Law 110-291, the Over-the-Road Transportation 
        Accessibility Act of 2007;
          Public Law 110-56, to authorize additional funds for 
        emergency repairs and reconstruction of the Interstate 
        I-35 bridge located in Minneapolis, Minnesota, that 
        collapsed on August 1, 2007, to waive the $100,000,000 
        limitation on emergency relief funds for those 
        emergency repairs and reconstruction, and for other 
        purposes;
          Public Law 110-244, the SAFETEA-LU Technical 
        Corrections Act of 2008;
          Public Law 110-161, Division K, Title I, section 169, 
        to repeal a prohibition on the use of certain funds for 
        tunneling in certain areas with respect to the Los 
        Angeles to San Fernando Valley Metro Rail project, 
        California;
          Public Law 110-441, to designate a portion of 
        California State Route 91 located in Los Angeles 
        County, California, as the ``Juanita Millender-McDonald 
        Highway'';
          Public Law 110-282, to designate a portion of United 
        States Route 20A, located in Orchard Park, New York, as 
        the ``Timothy J. Russert Highway'';
          Public Law 110-88, to designate a portion of 
        Interstate Route 395 located in Baltimore, Maryland, as 
        ``Cal Ripken Way'';
          H. Res. 339, supporting the goals of Motorcycle 
        Safety Awareness Month;
          H. Res. 375, honoring United Parcel Service and its 
        100 years of commitment and leadership in the United 
        States;
          H. Res. 772, recognizing the American Highway Users 
        Alliance on the occasion of its 75th anniversary, and 
        for other purposes; and
          H. Res. 964, promoting the safe operation of 15-
        passenger vans.
    Other bills and resolutions that passed the House include:
          H.R. 3999, the ``National Highway Bridge 
        Reconstruction and Inspection Act of 2007'';
          H.R. 6052, the ``Saving Energy Through Public 
        Transportation Act of 2008'';
          H.R. 1773, the ``Safe American Roads Act of 2007'';
          H.R. 6630, to prohibit the Secretary of 
        Transportation from granting authority to motor 
        carriers domiciled in Mexico;
          H.R. 409, to amend title 23, United States code, to 
        inspect highway tunnels;
          H.R. 3248, the ``SAFETEA-LU Technical Corrections Act 
        of 2007'';
          H.R. 7321, the ``Auto Industry Financing and 
        Restructuring Act'';
          H.R. 6899, the ``Comprehensive American Energy 
        Security and Consumer Protection Act'' and
          H. Con. Res. 305, recognizing the importance of 
        bicycling in transportation and recreation.

                   Public Laws and House Resolutions

         Over-the-Road Transportation Accessibility Act of 2007

                           Public Law 110-291

                              (H.R. 3985)

                             July 30, 2008

    This law strengthens the ability of the Federal Motor 
Carrier Safety Administration (``FMCSA'') to monitor and 
enforce compliance with the Department of Transportation's 
over-the-road bus accessibility regulations. Congress passed 
the Americans with Disabilities Act (``ADA'') in 1990 to expand 
and enhance opportunities for individuals with disabilities. 
Among its provisions, the ADA required the Department of 
Transportation (``DOT'') to promulgate regulations to ensure 
the accessibility of public transportation, passenger rail, and 
motorcoach transportation. These regulations have not been 
enforced by FMCSA with respect to motorcoaches, however, 
because the agency interprets the motor carrier registration 
statute in a way that limits the agency's authority to enforce 
accessibility regulations promulgated by DOT.
    This law requires, as a registration condition for motor 
carriers of passengers, that a carrier be willing and able to 
comply with specified accessibility requirements for 
transportation provided by an over-the-road bus (characterized 
by an elevated passenger deck located over a baggage 
compartment). This legislation also directs the Secretary of 
Transportation and the Attorney General to enter into a 
memorandum of understanding to delineate the specific roles and 
responsibilities of the Department of Transportation and the 
Department of Justice, respectively, in enforcing carrier 
compliance with such requirements.

To Authorize Additional Funds for Emergency Repairs and Reconstruction 
 of the Interstate I-35 Bridge Located in Minneapolis, Minnesota, That 
 Collapsed on August 1, 2007, To Waive the $100,000,000 Limitation on 
Emergency Relief Funds for Those Emergency Repairs and Reconstruction, 
                         and for Other Purposes

                           Public Law 110-56

                              (H.R. 3311)

                             August 6, 2007

    This law authorizes additional funds for emergency repairs 
and reconstruction of the Interstate I-35 Bridge located in 
Minneapolis, Minnesota, that collapsed on August 1, 2007, to 
waive the $100,000,000 limitation on emergency relief funds for 
those emergency repairs and reconstruction, and for other 
purposes.

              SAFETEA-LU Technical Corrections Act of 2008


                           Public Law 110-244


                              (H.R. 1195)


                              June 6, 2008

    This law amends the Safe, Accountable, Flexible Efficient 
Transportation Equity Act: A Legacy for Users (``SAFETEA-LU'') 
to make technical corrections to the Act. This law makes 
technical corrections to SAFETEA-LU and clarifies Congressional 
intent in a number of programs and Member-designated projects. 
This law corrects the oversubscription of funds in the research 
title of SAFETEA-LU, provides intended contract authority for 
the Maglev program, and clarifies the States' ability to use 
ignition interlocks for repeat impaired driving offenders.

 To Repeal a Prohibition on the Use of Certain Funds for Tunneling in 
 Certain Areas With Respect to the Los Angeles to San Fernando Valley 
                     Metro Rail Project, California


          Public Law 110-161, Division K, Title I, Section 169


                               (H.R. 238)


                     (incorporated into H.R. 2764)


                           December 26, 2007

    Section 169 of Division K, Title I, of the Consolidated 
Appropriations Act, 2008 (P.L. 110-161) repeals a decades-old 
prohibition on the use of Federal transit funds associated with 
the Los Angeles to San Fernando Valley Metro Rail project for 
tunneling in areas that had been identified as methane risk 
zones.

  To Designate a Portion of California State Route 91 Located in Los 
    Angeles County, California, as the ``Juanita Millender-McDonald 
                               Highway''


                           Public Law 110-441


                              (H.R. 4131)


                            October 21, 2008

    This law designates a portion of California State Route 91 
located in Los Angeles County, California, as the ``Juanita 
Millender-McDonald Highway''. Representative Millender-McDonald 
was a Member of the Committee on Transportation and 
Infrastructure.

 To Designate a Portion of United States Route 20A, Located in Orchard 
         Park, New York, as the ``Timothy J. Russert Highway''


                           Public Law 110-282


                               (S. 3145)


                             July 23, 2008

    This law designates a portion of United States Route 20A, 
located in Orchard Park, New York, as the ``Timothy J. Russert 
Highway''. This bill was introduced following the untimely 
death of the host of Meet the Press, and honors his legacy in 
his hometown of Buffalo, New York.

 To Designate a Portion of Interstate Route 395 Located in Baltimore, 
                    Maryland, as ``Cal Ripken Way''


                           Public Law 110-88


                              (H.R. 3218)


                           September 28, 2007

    This law designates a portion of Interstate Route 395 
located in Baltimore, Maryland, as ``Cal Ripken Way''.

       Supporting the Goals of Motorcycle Safety Awareness Month


                             (H. Res. 339)


                              May 21, 2008

    H. Res. 339 recognizes the House of Representatives' 
support for the goals of Motorcycle Safety Awareness Month and 
brings much needed attention to motorcycle safety on our 
nation's roadways. Motorcycles are a fuel-efficient and 
congestion-decreasing mode of transportation and are a valuable 
component of our transportation system. This increasingly 
popular mode of transportation also requires greater attention 
to the safety concerns associated with riding. Public awareness 
of motorcycle safety benefits everyone that uses our nation's 
roadways, not just motorcyclists, because it can lead to a 
decrease in car-motorcycle crashes.

  Honoring United Parcel Service and Its 100 Years of Commitment and 
                    Leadership in the United States


                             (H. Res. 375)


                             July 16, 2007

    H. Res. 375 honors the United Parcel Service (``UPS'') on 
its 100 years of commitment and leadership in the United 
States. This resolution also recognizes UPS for the numerous 
awards the company has received for its outstanding business 
practices, values and commitment to social responsibility and 
diversity, and contributions to charitable organizations. It 
also recognizes UPS for receiving the U.S. Environmental 
Protection Agency's Clean Air Excellence Award, which cited 
UPS' alternative fuel program under which the UPS ``Green 
Fleet'' recently passed the 100 million mile mark.

Recognizing The American Highway Users Alliance on the Occasion of Its 
                75th Anniversary, and for Other Purposes


                             (H. Res. 772)


                            January 22, 2008

    H. Res. 772 recognizes the American Highway Users Alliance 
on the occasion of its 75th Anniversary and highlights the 
tremendous work the group has done to promote the safe use of 
our nation's highways.

           Promoting the Safe Operation of 15-Passenger Vans


                             (H. Res. 964)


                             April 30, 2008

    H. Res. 964 promotes the safe operation of 15-passenger 
vans on our nation's roads and resolves that the House of 
Representatives recognizes the need for awareness regarding the 
increased risks of driving 15-passenger vans and encourages any 
operator of such vehicle to provide adequate training for 
drivers and safety information, including the necessity for 
wearing safety belts, to passengers.

                           Other Legislation


   National Highway Bridge Reconstruction and Inspection Act of 2007


                              (H.R. 3999)


                   Passed the House on July 24, 2008

    H.R. 3999, the ``National Highway Bridge Reconstruction and 
Inspection Act of 2007'', amends the Highway Bridge Program and 
the National Bridge Inspection Program to improve the safety of 
Federal-aid highway bridges, strengthen bridge inspection 
standards and processes, and increase investment in the 
reconstruction of structurally deficient bridges on the 
National Highway System. In particular, H.R. 3999 instructs the 
Secretary, in consultation with the States, to inventory all 
bridges on Federal-aid highways, identify each bridge 
inventoried that is either structurally deficient or 
functionally obsolete, assign a risk-based priority for 
replacement or rehabilitation of each such bridge after 
consideration of safety, serviceability, and essentiality for 
public use, and determine the cost of replacing each such 
bridge with a comparable facility or of rehabilitating such 
bridge. H.R. 3999 also instructs the Secretary to establish a 
process for assigning risk-based priorities not later than 18 
months after enactment. The bill requires States to establish 
five-year performance plans for inspection of bridges, and the 
replacement or rehabilitation of structurally deficient and 
functionally obsolete highway bridges in the State. H.R. 3999 
requires minimum requirements for inspection standards to 
include procedures for conducting annual compliance reviews of 
state inspections, quality control and quality assurance 
procedures, load ratings, and weight limit postings of 
structurally deficient bridges. Furthermore, this bill requires 
the Secretary to expand the scope of the bridge inspector 
training program to ensure that all persons conducting highway 
bridge inspections receive appropriate training and 
certification under the program.

        Saving Energy Through Public Transportation Act of 2008


                              (H.R. 6052)


                   Passed the House on June 26, 2008

    H.R. 6052 authorizes appropriations for each of FY 2008 and 
FY 2009 for public transportation formula grants for urbanized 
areas and for other areas. The bill authorizes the Secretary of 
Transportation to make such grants for: operating costs of 
equipment and facilities being used to provide the public 
transportation or intercity bus service that the grant 
recipient is no longer able to pay as a result of reducing 
fares; operating and capital costs of equipment and facilities 
being used to provide transportation services or intercity bus 
service that the recipient incurs as a result of expanding such 
services; the avoidance of increased fares for public 
transportation or intercity bus service or decreased services; 
the costs of acquiring clean fuel or alternative fuel vehicle-
related equipment or facilities for the purpose of improving 
fuel efficiency; and administrative costs in establishing or 
expanding commuter matching services to provide commuters with 
information and assistance about alternatives to single 
occupancy vehicle use. The Federal share for these grants is 
100 percent.

                    Safe American Roads Act of 2007


                              (H.R. 1773)


                    Passed the House on May 15, 2007

    H.R. 1773 limits the authority of the Secretary of 
Transportation to grant authority to motor carriers domiciled 
in Mexico to operate beyond United States municipalities and 
commercial zones on the United States-Mexico border.
    On February 23, 2007, Secretary of Transportation Mary 
Peters announced that the Department of Transportation would 
initiate a one-year pilot program to grant 100 Mexico-domiciled 
trucking companies unrestricted access to U.S. roads. H.R. 1773 
authorizes a pilot program of up to 100 Mexico-domiciled motor 
carriers, and up to 1,000 vehicles, but only after a strict set 
of prerequisites are met and only under a specific set of 
conditions. To ensure safety, this legislation includes 
extensive requirements to hold DOT accountable to Congress and 
the public before a pilot program can begin and calls for 
continuous oversight of the program. The Inspector General of 
the Department of Transportation (``DOT IG'') must verify that 
every requirements of Section 350 of Public Law 107-87 has been 
met and that DOT has sufficient mechanisms in place to apply 
and enforce safety laws. H.R. 1773 also ensures that in 
conducting a pilot program, DOT follows all administrative 
procedures for pilot programs required by law. In addition, the 
bill ensures that U.S. carriers must be able to conduct 
comparable operations in Mexico before the pilot program can 
begin. If the Secretary fails to comply with any provision of 
the Act, the authority to conduct the program terminates.

To Prohibit the Secretary of Transportation From Granting Authority to 
                   Motor Carriers Domiciled in Mexico


                              (H.R. 6630)


                 Passed the House on September 9, 2008

    H.R. 6630 directs the Secretary of Transportation to 
terminate, by September 6, 2008, the one-year, cross-border 
pilot project initiated on September 6, 2007, by the Department 
of Transportation to allow up to 100 motor carrier companies 
based in Mexico to conduct long-haul operations beyond the 
commercial zones. Congress enacted a provision to prohibit 
funding of this controversial program in the Consolidated 
Appropriations Act, 2008. DOT has continued its pilot program 
despite this funding prohibition, arguing that the language 
only prohibits future pilot programs and does not impact the 
program initiated in September 2007. H.R. 6630 prohibits DOT 
from using any funds to establish a cross-border motor carrier 
pilot program.
    H.R. 6630 prohibits the Secretary, unless expressly 
authorized by Congress, from granting authority to a motor 
carrier domiciled in Mexico to operate beyond U.S. 
municipalities and commercial zones on the United States-Mexico 
border after September 6, 2008, to ensure that DOT does not 
administratively extend this pilot program beyond one year. 
H.R. 6630 also requires three reports to Congress assessing the 
implementation of the pilot program within 60 days of the date 
of enactment from the DOT IG, from the independent review panel 
established by the Secretary to monitor the pilot program, and 
from the Secretary of Transportation.

   To Amend Title 23, United States Code, To Inspect Highway Tunnels


                               (H.R. 409)


                  Passed the House on January 22, 2008

    This bill amends Federal highway law to direct the 
Secretary of Transportation to establish: (1) a national 
highway tunnel inspection program, including standards for the 
proper safety inspection and evaluation of all highway tunnels; 
(2) a training and certification program for highway tunnel 
inspectors; and (3) a national inventory of highway tunnels. 
This bill authorizes tunnel construction, rehabilitation, and 
operational improvements (including safety inspection of such 
tunnels) as eligible projects under the federal surface 
transportation program.

              SAFETEA-LU Technical Corrections Act of 2007


                              (H.R. 3248)


                   Passed the House on August 1, 2007

    This bill amends the Safe, Accountable, Flexible Efficient 
Transportation Equity Act: A Legacy for Users (``SAFETEA-LU'') 
to make technical corrections to the Act. The bill makes 
technical corrections to SAFETEA-LU and clarifies Congressional 
intent in a number of programs and Member projects. The bill 
corrects the oversubscription of funds in the research title of 
SAFETEA-LU, provides intended contract authority for the Maglev 
program, and clarifies the States' ability to use ignition 
interlocks for repeat impaired driving offenders. This bill was 
incorporated into the SAFETEA-LU Technical Corrections Act of 
2008 (P.L. 110-244).

             Auto Industry Financing and Restructuring Act


                              (H.R. 7321)


                   Passed House on December 10, 2008

    Section 14 of H.R. 7321 requires that each automobile 
manufacturer receiving financial assistance under this bill 
shall conduct an analysis of potential uses of any excess 
production capacity, particularly those of former sport utility 
vehicle producers, to make vehicles for sale to public transit 
agencies. The required analysis of potential uses is to include 
such issues as: 1) the current and projected demand for bus and 
rail cars by American public transit agencies; 2) the potential 
growth for both sales and supplies to such agencies in the 
short, medium, and long term; 3) a description of existing 
``Buy America'' provisions, and data provided by the Federal 
Transit Administration regarding the use or request of waivers 
from such provisions; and 4) any recommendations as to whether 
such actions would result in a business line that makes sense 
for the automobile manufacturer. The completed analysis must 
then be reviewed by the Comptroller General of the United 
States who must then present a report to Congress and the 
President's designee.
    Section 18 of H.R. 7321 requires the President's designee 
to serve as a guarantor with respect to all obligations with 
respect to leases of qualified transportation property, which 
is defined as any domestic property subject to a lease that was 
approved by the Federal Transit Administration prior to January 
1, 2006. The terms of the guarantee are to be determined by the 
President's designee within two weeks of the date of enactment 
of this bill. Claims covered under this guarantee in excess of 
collateral that has been designated for the President's 
designee will be paid from the General Fund of the Treasury. In 
the event that such payments from the General Fund are 
required, the President's designee will recoup the amount paid 
by establishing a fee that is sufficient to recoup the amount 
of the claim payment within three years of the payment.

   Comprehensive American Energy Security and Consumer Protection Act


                              (H.R. 6899)


                 Passed the House on September 16, 2008

    H.R. 6899, the ``Comprehensive American Energy Security and 
Consumer Protection Act'' includes H.R. 6052, the ``Saving 
Energy Through Public Transportation Act of 2008''.

     Recognizing the Importance of Bicycling in Transportation and 
                               Recreation


                           (H. Con. Res. 305)


                    Passed the House on May 21, 2008

    H. Con. Res. 305 recognizes the importance of bicycling in 
transportation and recreation and recognizes that increased and 
safe bicycle use for transportation and recreation is in the 
national interest of the United States. This concurrent 
resolution also supports policies that increase bicycle use. H. 
Con. Res. 305 also encourages the Department of Transportation 
to provide leadership and coordination by reestablishing a 
Federal bicycle task force to include representatives from all 
relevant Federal agencies.

                                Hearings

    The Subcommittee on Highways and Transit held 23 hearings 
and held five Member Briefings in the 110th Congress.

        Surface Transportation System: Challenges for the Future

    On January 24, 2007, the Subcommittee held a hearing on the 
capacity of our nation's surface transportation system and the 
challenges and changes it will face 30 to 50 years into the 
future. Throughout our nation's history, the economy has 
undergone constant change but one factor has remained the same: 
Economic growth, prosperity, and opportunity have followed 
increased investments in infrastructure. Transportation 
infrastructure provides the backbone of our economy by moving 
people and goods.
    Despite significant Federal investment to date and the 
importance of transportation both to the economy and the 
quality of life in our communities, the expansion of 
transportation infrastructure has not kept pace with needs. For 
example, highway infrastructure, as defined by the number of 
available highway miles, increased only 1.97 percent between 
1980 and 2000. Yet between 1980 and 2003, travel in passenger 
cars, defined by the number of vehicle miles traveled, grew by 
50 percent. Over this same timeframe, truck miles traveled 
increased 95 percent, while highway travel in other two-axle 
vehicles including light trucks and SUVs grew 238 percent.
    The investment needed to repair, maintain, and improve 
existing infrastructure is significant. According to DOT 
estimates, $78.8 billion per year from all sources from 2005 to 
2024 is needed to sustain highways, bridges, and transit 
systems at their current conditions. As an example, currently 
there are 599,766 highway bridges in the United States, of 
which 152,316 are either structurally or functionally 
deficient. These unmet infrastructure needs have resulted in, 
among other things, an alarming increase in congestion.
    The Subcommittee heard testimony on these issues from 
representatives of the U.S. Department of Transportation, the 
National Surface Transportation Policy and Revenue Study 
Commission, and the research community on how our surface 
transportation system will need to adapt to support our 
changing and expanding economy. The hearing was the first in a 
series of hearings focusing on forward-looking surface 
transportation infrastructure issues.

           Public-Private Partnerships: Innovative Financing

    On February 13, 2007, the Subcommittee held a hearing on 
innovative financing under public-private partnership (``PPP'') 
arrangements. The purpose of the hearing was to address how the 
public interest should be protected when PPPs are used to 
provide innovative financing for infrastructure investment, and 
whether the model legislation developed by the Federal Highway 
Administration (``FHWA'') provides adequate safeguards for the 
public interest.
    Traditionally, delivery of highway and transit projects 
follows the design-bid-build sequence. The typical pattern that 
began in the mid-20th Century is for public transportation 
agencies (state departments of transportation and local transit 
authorities) to design a transportation project using in-house 
engineering staff until it is 100 percent complete. The project 
is then let out for bids in a competitive process. Generally, 
the private construction firm that offers the lowest-price bid 
is awarded the contract to build the project. The project is 
financed with public (Federal, state, or local) funds. At 
completion, the state transportation agency inspects the 
project to ensure that it is built according to plan and meets 
various design and construction standards. The agency then 
operates and maintains the project during the useful life of 
the project.
    In the mid-1980s, state and local governments began having 
difficulty raising public funds to pay for infrastructure 
investments during a period marked by reduced Federal spending 
for domestic programs such as infrastructure. As a result, they 
turned to the private sector to tap into its financial 
resources to supplement government funds.
    Early PPPs in the United States were mostly based on 
innovative procurement. A number of models evolved, ranging 
from design-build to design-build-operate, design-build-
maintain, and design-build-operate-maintain. As more 
responsibilities were assumed by the private-sector partner, 
more of the risks relating to project costs and delays were 
shifted to the private-sector partner. In October 2004, a new 
variety of PPPs began when the City of Chicago entered into 
negotiations to lease the Skyway, an operating toll road, to a 
consortium of private operators for a very sizable upfront cash 
payment. Several similar agreements soon followed this deal 
along with a push for more States to enter into PPP agreements 
to finance growing infrastructure investment needs.
    The growing attention paid to utilizing these agreements 
across the country calls for greater public debate and 
evaluation of PPPs. The Subcommittee received testimony from 
officials of DOT, the Wisconsin Department of Transportation, 
and the Metropolitan Transit Authority of Harris County, Texas, 
as well as representatives of the legal, financial, and 
research/advocacy community who specialize in PPP and 
transportation project financing. This hearing was the first 
hearing in a series of hearings held by the Subcommittee to 
examine the role of PPPs in financing infrastructure needs.

                       Transit and Rail Security

    On March 7, 2007, the Subcommittees on Highways and Transit 
and Railroads, Pipelines, and Hazardous Materials held a joint 
oversight hearing on current issues related to transit and rail 
security. This hearing addressed issues such as the roles and 
responsibilities of the Department of Homeland Security, the 
Federal Transit Administration, and the Federal Railroad 
Administration; the state of preparedness in the transit, rail, 
and over-the-road bus industries; and federal programs and 
activities that help meet the security needs and funding 
priorities for mitigation of security threats against the 
Nation's transit, rail, and over-the-road bus systems.

   U.S./Mexican Trucking: Safety and the Cross-Border Demonstration 
                                Project

    On March 13, 2007, the Subcommittee held a hearing to 
examine the status of cross-border trucking operations between 
the United States and Mexico, and to assess safety issues 
surrounding a proposed U.S. Department of Transportation 
demonstration project to allow Mexico-domiciled motor carriers 
access to U.S. roads beyond the commercial zones on the border.
    The North American Free Trade Agreement (``NAFTA''), which 
took effect on January 1, 1994, removed restrictions on cross-
border truck and bus service between the United States and 
Mexico. Since 1995, the opening of the U.S.-Mexico border has 
been delayed due to concerns over whether opening the border 
would adversely impact safety on U.S. roads, based on numerous 
reports of safety violations by Mexico-domiciled motor 
carriers, their vehicles, and their drivers. As a result, 
trucks and buses entering from Mexico have been limited to the 
``commercial zones'' along the border. These commercial zones, 
from three to 20 miles wide, are found along the U.S.-Mexico 
border in California, Arizona, New Mexico, and Texas.
    On February 23, 2007, at a press conference in El Paso, 
Texas, Secretary of Transportation Mary Peters announced the 
start of a demonstration project, or pilot program, that would 
permit 100 trucking companies, selected by DOT, to conduct 
long-haul, cross-border operations. The initiation of the pilot 
program followed an announcement in Monterrey, Mexico, that the 
U.S. and Mexico had reached an agreement for U.S. inspectors to 
conduct safety audits on-site in Mexico. DOT has long viewed 
this as the final step to opening the border.
    The hearing examined questions about DOT's legal authority 
to carry out a pilot program and to fully open the border, 
about potential impacts on safety, and about reciprocity for 
U.S. carriers seeking access to Mexico. John Hill, 
Administrator of the Federal Motor Carrier Safety 
Administration, and Jeffrey Shane, DOT Under Secretary for 
Policy, described the elements of the anticipated pilot 
program, and DOT Inspector General Calvin Scovel discussed the 
findings of his investigations of the safety of Mexico-
domiciled motor carriers and whether DOT has met 
Congressionally-mandated pre-requisites to opening the border 
to truck traffic.

                           Motorcoach Safety

    On March 20, 2007, the Subcommittee held an oversight 
hearing to examine the safety of motorcoach operations in the 
United States in light of several fatal accidents. The hearing 
also examined Federal regulations that govern motorcoaches, the 
National Transportation Safety Board's (``NTSB'') 
recommendations with respect to bus safety, and the response of 
the Federal Motor Carrier Safety Administration (``FMCSA'') in 
light of these accidents and findings.
    In 2005, the motorcoach industry's 39,068 buses provided a 
record 631 million passenger trips and traveled 2.44 billion 
miles. Travel by a motorcoach, or over-the-road bus, is among 
the safest forms of transportation. However, several high 
profile fatal crashes have raised concerns that more needs to 
be done to ensure the safety of motorcoach travelers. On March 
2, 2007, a bus carrying a college baseball team from Bluffton, 
Ohio, plunged off an overpass in Atlanta, Georgia, killing 
seven students and injuring 29 others. On September 23, 2005, 
44 residents of an assisted living facility were killed in 
Wilmer, Texas, during an evacuation to move out of the path of 
Hurricane Rita, when a fire started in the right wheel tire 
hub. The bus company involved in the Texas crash was reviewed 
for compliance with safety regulations earlier in the year and 
was found to have serious safety flaws. Nevertheless, FMCSA 
permitted the carrier to continue to transport passengers.
    The hearing included testimony from FMCSA Administrator 
John Hill and examined questions about the adequacy of 
oversight efforts by the Federal Motor Carrier Safety 
Administration to ensure that bus companies comply with Federal 
safety regulations and take the companies that do not comply 
off the road. NTSB Chairman Rosenker highlighted outstanding 
motorcoach safety recommendations made by the Board since 1999 
that have not been acted on by the Department of 
Transportation. In addition, he discussed the Board's 
conclusions from the Wilmer, Texas crash, which include that 
FMCSA's process to review the safety fitness of truck and bus 
companies is inadequate.

 Structure of the Federal Fuel Tax and the Long-Term Viability of the 
                           Highway Trust Fund

    On March 27, 2007, the Subcommittee held a hearing on the 
structure of the Federal excise tax on motor fuels and how the 
tax's structure affects the long-term financial viability of 
the Highway Trust Fund, which contributes most of the funding 
for the Federal highway and transit programs. Federal 
assistance for highway construction dates back to the early 
20th Century when Congress provided $500,000 in the Post Office 
Appropriation Act of 1912. A greatly expanded Federal role 
began with the Federal-Aid Highway Act of 1944, which 
authorized the construction of a ``National System of 
Interstate Highways''. However, the construction program made 
little progress because the program lacked a sound financing 
mechanism.
    The landmark Federal-Aid Highway Act of 1956 authorized a 
41,000-mile National System of Interstate and Defense Highways. 
The Act also established the Highway Trust Fund (``HTF''), into 
which are deposited receipts from federal excise taxes levied 
on motor fuels and various highway-related products such as 
tires and heavy vehicles, to be used for the highway program. 
The motor fuel tax provides about 90 percent of all HTF 
revenues. This dedicated funding mechanism provides financial 
certainty for the Federal-aid Highway Program.
    In addition to the Federal-aid Highway Program and the 
Federal transit programs, the HTF also funds programs 
administered by the Federal Motor Carrier Safety Administration 
and some of the programs administered by the National Highway 
Traffic Safety Administration (``NHTSA''). When the HTF was 
established in 1956, the excise tax rate for highway use of 
motor fuels was three cents per gallon. Since 1956, the tax 
rate and structure have been revised several times. The current 
rates of 18.4 cents per gallon of gasoline and 24.4 cents per 
gallon of diesel went into effect on October 1, 1993.
    Most observers recognize that the current financing 
mechanism using dedicated federal highway-related excise tax 
revenues to fund infrastructure programs and projects has 
served the nation well in helping build a world class highway 
system and will continue to be the primary method of funding 
our highway and transit programs in the future. This hearing 
provided the Committee with a better understanding of the 
issues related to this financing mechanism and its structure.

          Public-Private Partnerships: Innovative Contracting

    On April 17, 2007, the Subcommittee held a hearing on 
innovative contracting and procurement techniques under public-
private partnership arrangements. For a variety of reasons, 
both state departments of transportation (``State DOTs'') and 
transit agencies in the mid-1980s began outsourcing to private 
contractors a number of the activities associated with planning 
and development of transportation projects. Over time, the list 
of such outsourced activities lengthened.
    As the number of transportation PPPs grew, they were 
presented as a win-win proposition for governments and the 
private sector. For the government, it offered the opportunity 
to encourage entrepreneurial development and operation of 
transportation projects, take advantage of private-sector 
management skills and capital, speed up project delivery and 
the application of advanced technology, and reduce the size of 
public payrolls. For the private sector, it offered 
opportunities to participate in infrastructure investment, to 
expand their customer base, and to diversify their business 
model.
    A number of innovative contracting models evolved, 
encompassing varying activities for which the private-sector 
partner was responsible. They ranged from design-build to 
design-build-operate, design-build-maintain, and design-build-
operate-maintain. As more responsibilities were assumed by the 
private-sector partner, more of the risks relating to project 
costs and delays were shifted to the private-sector partner.
    To evaluate innovative contracting methods by State DOTs 
that have the potential of reducing the life-cycle cost of 
projects while maintaining product quality, FHWA established 
the Special Experimental Project Number 14--Innovative 
Contracting (``SEP-14'') program in 1990. SEP-14 focused on 
four innovative contracting methods that could potentially 
reduce the life-cycle cost of projects, including cost-plus-
time bidding, lane rental, warranty clauses, and design-build 
contracting.
    In 2004, FHWA established Special Experimental Project 
Number 15 (``SEP-15'') program to explore four major areas 
where alternative approaches may expedite project delivery. 
These areas of interest include contracting, right-of-way 
acquisition, project finance, and compliance with environmental 
requirements. SEP-15 is not a replacement program for SEP-14, 
which continues to be used to evaluate experimental contract 
administration methods. Instead, it targets a different set of 
contract oversight issues with the aim of speeding up project 
delivery.
    Due to the complexity of these various innovative 
contracting techniques, the Subcommittee held this hearing to 
promote greater review of their use and the implications for 
the future of infrastructure financing. The Subcommittee 
received testimony from officials of the Federal Highway 
Administration, the Federal Transit Administration, the Utah 
Department of Transportation, TriMet (a transit agency in 
Oregon), and representatives of the engineering and 
construction industries and transportation employees. This 
hearing was the second hearing held by the Subcommittee to 
discuss the issues surrounding PPPs.

                              Buy America

    On April 24, 2007, the Subcommittee held an oversight 
hearing on the implementation of statutory requirements 
relating to the use of domestically produced materials, 
products, and components in Federally-assisted highway and 
transit projects (commonly known as Buy America).
    In 1933, as part of the Federal Government's response to 
the Great Depression, Congress enacted the Buy American Act 
(``the 1933 Act''). The 1933 Act provides that: (1) Only 
articles, materials, and supplies mined, produced or 
manufactured in the United States can be used for public 
projects; and (2) all contractors for public construction 
projects in the United States must use only domestic materials. 
The 1933 Act applies only to direct purchases of goods by 
federal agencies, not to grants made by federal agencies or to 
purchases by state and local governments with federal funds. 
The purpose of the 1933 Act was to require the Federal 
Government to spend taxpayers' dollars only on goods produced 
in the United States, thereby fostering and protecting American 
industry and workers.
    Buy America requirements were first included in highway law 
in the Surface Transportation Assistance Act of 1982. The 
provision has been revised several times. Currently, the 
Secretary of Transportation is prohibited from providing 
Federal assistance for a highway or transit project unless the 
steel, iron, and manufactured products used in the project are 
produced in the United States. However, the Secretary is 
authorized to waive the Buy America requirements if (1) 
applying those requirements would not be in the public 
interest, (2) the materials and products are not produced in 
the United States in reasonably available quantities or a 
satisfactory quality, or (3) using such domestic materials 
would increase the cost of the overall project contract by more 
than 25 percent.
    Concerns have been raised recently regarding the 
applicability of Buy America requirements to certain bridge 
projects. Specifically, there is a concern with the test used 
to determine if the contract cost of using domestic steel to 
build a bridge exceeds the contract cost of using foreign steel 
by more than 25 percent.
    The Subcommittee heard from the Administrators of the 
Federal Highway Administration and the Federal Transit 
Administration, officials of a state department of 
transportation and a transit agency, and representatives of a 
steel bridge manufacturer and a transit fare collection systems 
manufacturer.

     FTA Implementation of the New Starts and Small Starts Programs

    On May 10, 2007, the Subcommittee held an oversight hearing 
on the Federal Transit Administration's implementation of the 
New Starts and Small Starts provisions of the Capital 
Investment Grants program.
    Designed to fund major investments in the transit 
infrastructure of urbanized areas, the New Starts program has 
helped finance dozens of new rail transit fixed guideway 
systems across the country. The Small Starts program, the 
newest category of capital transit grants, was created in 2005 
by SAFETEA-LU to assist smaller transit projects. The Small 
Starts program is designed to include fewer project 
justification criteria and grant requirements than the New 
Starts program, allowing for a more simplified FTA review. The 
New Starts and Small Starts programs are essential for 
providing Federal funding for new transit construction 
projects, while also protecting the public interest in the 
process.
    SAFETEA-LU directed that each New Starts and Small Starts 
project justification factor be rated on a five-point scale 
including high, medium-high, medium, medium-low, and low 
designations. Although the statute directs FTA to weigh the 
project justification factors comparably, FTA has historically 
weighted the cost-effectiveness factor more heavily than any 
factor when evaluating overall project justifications, while it 
has struggled to implement factors that rate the environmental 
and economic benefits of new transit projects. This hearing 
examined the manner in which the FTA has followed Congressional 
intent while implementing these important transit programs, and 
the Subcommittee heard from witnesses who are working on 
transit projects funded through these programs.

        Public-Private Partnerships: State and User Perspectives

    On May 24, 2007, the Subcommittee held a hearing on the 
views of state and local officials and the users on 
transportation project delivery and financing under PPP 
arrangements and state and local government concerns over the 
question of management and political control. Long-term 
concessions that last for 50 to 99 years cede control and 
ownership to the private partners for two to four generations. 
These arrangements will severely limit the ability of future 
governments to make rational decisions relating to 
transportation improvement and economic development. Similarly, 
non-compete clauses, or the more recent variations of 
reimbursement scheme, will hamper state and local governments' 
ability to meet their responsibility to address current and 
future mobility and safety needs.
    Users have expressed concerns about State PPP enabling 
legislation that keeps such information secret until the PPP 
agreements have been finalized, when it will be too late to 
influence the decision. Also, many PPP agreements include an 
automatic rate escalation, which deny users an opportunity to 
express their views on rate increases. The use of tolls, which 
are regressive, when entering into PPP agreements also raise 
equity concerns.
    The Subcommittee heard testimony from state and local 
officials, and representatives of the trucking industry, 
highway user and environmental communities. This hearing was 
the third hearing held by the Subcommittee to examine the role 
of PPP arrangements in financing infrastructure investment.

                        Congestion and Mobility

    On June 7, 2007, the Subcommittee held a hearing on the 
problem of congestion facing the nation's surface 
transportation system and analyzed several of the approaches 
available for dealing with the problem. Congestion on our 
nation's transportation system has resulted in a significant 
decline in service quality in terms of vehicle flow speeds, 
travel comfort, vehicle operating cost, or driver stress.
    Congestion tends to be concentrated in major metropolitan 
areas, especially around ports, airports, freight distribution 
centers, and places where major highways intersect. The U.S. 
surface transportation system involves a national network of 
facilities serving the mobility needs of the entire country. 
Localized congestion--whether affecting travelers trying to 
reach the airport to catch a flight or packages being shipped 
for just-in-time manufacturing--often has effects that ripple 
across the nation. The interconnected nature of the network and 
the broad nationwide impacts of regionalized congestion have 
led many experts to believe that a national response is 
warranted.
    The most comprehensive report on the state of congestion 
and its impacts has been conducted by the Texas Transportation 
Institute (``TTI'') at Texas A&M University. Using data 
collected from the U.S. Department of Transportation and 
States, the report assesses the magnitude of our nation's 
congestion problem by examining congestion in urban areas. TTI 
first issued the Urban Mobility Report in 1982. The most recent 
report concludes that there is no ``single solution'' to 
addressing urban congestion. Rather, a ``balanced approach'' in 
regional efforts, and a range of policy options designed to 
increase travel options, are needed to mitigate congestion. 
These policy options include expanding roadway and transit 
capacity, improving the operational efficiency of 
transportation networks, better demand management, and better 
alignment among land use, development, and transportation 
planning decisions.
    The Subcommittee received testimony from various 
stakeholders on the impact of congestion on the economy and the 
quality of life for the general public. In addition, the 
Subcommittee reviewed the various proposed solutions for 
addressing congestion on our nation's surface transportation 
network.

  Motor Carrier Safety: Federal Motor Carrier Safety Administration's 
                    Oversight of High-Risk Carriers

    On July 11, 2007, the Subcommittee held an oversight 
hearing to review the Federal Motor Carrier Safety 
Administration's oversight of high-risk carriers.
    The FMCSA is the Federal agency responsible for commercial 
motor vehicle safety, including trucks and buses. FMCSA 
oversees an industry of over 700,000 active motor carriers that 
operate nearly five million vehicles and employ over seven 
million drivers. To target its monitoring and enforcement 
activities over this vast industry, FMCSA utilizes several 
tools. Assessments of carriers' compliance with safety and 
hazardous materials regulations occur through Compliance 
Reviews conducted by the agency and its State partners; 
roadside inspections; and citations issued when a carrier is 
stopped for a traffic violation. A carrier is selected for a 
Compliance Review based on a risk assessment conducted by the 
agency that draws on data in the Motor Carrier Safety Status 
Measurement System (``SafeStat''). FMCSA also conducts safety 
audits of ``new entrants'', or carriers granted new authority 
to operate, within the first 18 months of their operation. If 
violations of Federal motor carrier safety, vehicle, or driver 
regulations are found during any of these monitoring and 
enforcement activities, the agency may assess penalties or 
place a carrier out of service until the carrier corrects the 
deficiencies.
    The Subcommittee heard testimony from the FMCSA 
representatives regarding the agency's oversight of high-risk 
motor carriers, and efforts to identify carriers that are not 
in compliance with Federal motor carrier safety laws and 
regulations. The Government Accountability Office (``GAO''), 
the DOT IG, and the NTSB have issued numerous studies, reports, 
and investigative findings since 2000 regarding the FMCSA's 
enforcement programs and activities, and in particular the 
agency's efforts to target carriers that are at a high risk of 
an accident. At this hearing, witnesses from these 
organizations commented on the performance measures, monitoring 
tools, and enforcement programs, including compliance reviews, 
which FMCSA and its state partners utilize to examine a motor 
carrier's operations to determine the carrier's safety fitness 
and to target those operators who pose a safety risk.

          Structurally Deficient Bridges in the United States

    On September 5, 2007, the Committee on Transportation and 
Infrastructure held a hearing on structurally deficient bridges 
on the National Highway System. This hearing was held in the 
wake of the collapse of the I-35W Bridge in Minneapolis, 
Minnesota, to discuss steps that must be taken to ensure the 
safety of our nation's bridges. At 6:05 p.m. on August 1, 2007, 
the I-35W Bridge in Minneapolis, Minnesota, collapsed into the 
Mississippi River, killing 13 people. Following this tragedy, 
public awareness of the deteriorating conditions of our 
nation's bridges increased greatly.
    Bridges are considered structurally deficient if 
significant load-carrying elements are found to be in poor or 
worse condition due to deterioration and/or damage. According 
to the U.S. Department of Transportation (``DOT''), one of 
every eight bridges in the nation is structurally deficient. Of 
the 599,766 bridges in the United States, 152,316 bridges are 
deficient, including 72,524 structurally deficient bridges and 
79,792 functionally obsolete bridges. According to DOT, more 
than $65 billion could be invested immediately in a cost-
beneficial way, by all levels of government, to replace or 
otherwise address existing bridge deficiencies.
    The high percentage of deficient bridges and the large 
existing backlog are, in part, due to the age of the network. 
One-half of all bridges in the United States were built before 
1964. Interstate System bridges, which were primarily 
constructed in the 1960s, pose a special challenge because a 
large percentage of these bridges are in the same period of 
their service lives (e.g., 44 percent of these bridges were 
constructed in the 1960s. The Highway Bridge Program provides 
funding to enable States to improve the condition of their 
highway bridges through replacement, rehabilitation, and 
systematic preventive maintenance. The apportioned funds are 
distributed according to a formula based on each State's 
relative share of the total cost to repair or replace deficient 
highway bridges.
    The Committee heard testimony from the U.S. Secretary of 
Transportation, the Mayor of Minneapolis, Minnesota, state 
departments of transportation, county engineers, and 
stakeholder groups.

 The Federal Transit Administration's Proposed Rule on the New Starts 
                       and Small Starts Programs

    On September 26, 2007, the Subcommittee held an oversight 
hearing on the Federal Transit Administration's proposed 
rulemaking on the New Starts and Small Starts programs. The 
hearing explored the FTA's Notice of Proposed Rulemaking in 
depth, and Members heard from witnesses who are working on 
transit projects and initiatives that would be affected by the 
rule. FTA is currently in the process of undertaking a 
rulemaking on the New Starts and Small Starts programs as 
required by SAFETEA-LU. FTA issued its formal Notice of 
Proposed Rulemaking (``NPRM'') on August 3, 2007. In the NPRM, 
FTA articulates various proposals for implementing changes to 
the New Starts and Small Starts programs. The NPRM has raised 
both Congressional and transit industry concerns. The 
Administration considers the New Starts/Small Starts rule to be 
a significant rulemaking and, if finalized, the transit 
industry will be governed by this rule for a number of years to 
come. This hearing explored this NPRM in depth, and the 
Subcommittee heard from witnesses who are working on transit 
projects and initiatives that would be affected by the rule.

               The Federal Safe Routes to School Program

    On October 2, 2007, the Subcommittee held a hearing on the 
Safe Routes to School program. The Safe Routes to School 
program was established in SAFETEA-LU and funded at $612 
million over five years. The aims of the program are: to enable 
and encourage children, including those with disabilities, to 
walk and bicycle to school; to make bicycling and walking to 
school a safer and more appealing transportation alternative, 
thereby encouraging a healthy and active lifestyle from an 
early age; and to facilitate the planning, development, and 
implementation of projects and activities that will improve 
safety and reduce traffic, fuel consumption, and air pollution 
in the vicinity of schools.
    DOT reports that, in 1969, nearly one-half of U.S. children 
walked or rode bicycles to school. By 2001, that number had 
dropped to less than 15 percent. A variety of factors have 
contributed to this decline, including a lack of adequate 
infrastructure near schools and in neighborhoods and parental 
concerns over safety.
    The Subcommittee heard from the Kansas Safe Routes to 
School State Coordinator and officials with the National Center 
for Safe Routes to School, the Safe Routes to School National 
Partnership, and the Bicycle Transportation Alliance.

                       Highway Bridge Inspections

    On October 23, 2007, the Subcommittee held a hearing on 
highway bridge inspections. The nation's aging bridge inventory 
is requiring increased maintenance as many reach the end of 
their intended design life, making proper inspections and 
monitoring of these bridges is even more important.
    Inspection of bridges provides a first line of defense to 
avoid tragedies like the Minneapolis bridge collapse. Visual 
observation and other traditional means of observation (such as 
cleaning and scrapping, chain drags, and use of sounding rods 
and hammers) remain the primary methods of conducting field 
tests of bridges elements. However, a study released by the 
FHWA Destructive Evaluation Center in 2001 raised significant 
concerns over the reliability of visual inspections. The 2001 
report found that visual inspections by 49 trained bridge 
inspectors from around the country of bridges with identified 
fatigue problems rarely detected defects.
    The Federal-Aid Highway Act of 1968 established the 
National Bridge Inspection Program (``NBIP'') and directed DOT 
to work with the States to establish national bridge inspection 
standards. Today, the NBIS require States to conduct routine 
safety inspections on each bridge at least once every 24 months 
to determine physical and functional conditions of the bridge.
    The Subcommittee reviewed the adequacy of current 
inspection requirements to assess where improvements are 
needed. This hearing was held as a follow-up to the Committee's 
September 5, 2007 hearing on structurally deficient bridges in 
the United States.

       Chicagoland Transportation Needs for the 2016 Olympic Bid

    On October 29, 2007, the Subcommittee held a field hearing 
in Chicago, Illinois, to review Chicagoland's Transportation 
Needs for the 2016 Olympic Bid. With a population of about 
eight million people, the Chicago region is the third most 
populous in the United States after New York and Los Angeles. 
Commensurate with its size, the Chicago region has a very 
large, diverse, and mature transportation system. The Chicago 
urbanized area has 25,000 miles of roads (including 485 miles 
of freeways), a public transit network that includes buses, 
heavy rail, and commuter rail systems, and two major airports. 
More than 600 million transit trips are provided annually in 
the Chicago region, the third largest number in the United 
States.
    Transportation issues with staging the Olympic Games are 
related to a dramatic short-term surge in transportation demand 
that has the potential to make it difficult to manage the games 
themselves and difficult to manage the normal functioning of 
the host city. In 1996, Atlanta, Georgia, the last U.S. city to 
host the summer Olympic Games, had an estimated two million 
spectators over 17 days. This was in addition to the 200,000 
competitors, team officials, media, organizing committee staff, 
and 100,000 Atlanta residents working in the immediate vicinity 
of the sporting venues.
    The Subcommittee heard testimony from the President and CEO 
of Chicago 2016 Committee, State and city transportation 
officials, and representatives from industry and labor groups.

      Drug and Alcohol Testing of Commercial Motor Vehicle Drivers

    On November 1, 2007, the Subcommittee held an oversight 
hearing regarding vulnerabilities in the Drug and Alcohol 
Testing (``DAT'') programs administered by motor carriers. This 
hearing was held in response to an in-depth, Committee-led 
review of conditions at facilities that perform urine 
collections for drug tests regulated by the Department of 
Transportation.
    DOT requires drug and alcohol testing under several 
conditions: pre-employment, reasonable suspicion, post-
accident, random, return-to-duty, and follow-up. The Part 40 
DAT rules require a urine drug screen that tests for five 
drugs: marijuana, opiates, cocaine, amphetamines, and PCP. DOT 
requires employers of commercial drivers to randomly test 50 
percent of their safety sensitive employees each year. In 2005, 
FMCSA reported an estimated drug-positive rate of 1.7 percent; 
this is consistent with prior year levels which ranged from 1.6 
to 2.0 percent. But because employees are able to defraud drug 
tests--through products designed to defeat a drug test or other 
means--it is impossible to quantify the true extent of the 
problem. This rate has remained relatively unchanged since 
1997. While the rate itself is low, the absolute number of 
drivers testing positive would approach 170,000. Even assuming 
that one-half of the population of CDL-holders is not active 
and subject to DAT screening, the absolute number of drug-using 
drivers would exceed 80,000.
    This hearing examined weaknesses in the collection process 
that could allow drug-using commercial drivers to disguise 
their drug use and sought to identify the extent to which 
products manufactured and sold specifically to beat drug tests 
affect the integrity of the drug testing process. Finally, the 
hearing explored factors that enable drug-using drivers to 
continue to operate commercial motor vehicles and potential 
solutions to the identified weaknesses.

            Transportation Challenges of Metropolitan Areas

    On April 9, 2008, the Subcommittee held a hearing to 
receive testimony on the Transportation Challenges of 
Metropolitan Areas. According to the Commission report, roughly 
60 percent of the population of the U.S. lives in metropolitan 
areas of more than one million people and another 20 percent 
live in smaller metro areas. The Commission's report states 
that the majority of our nation's economic activity is 
occurring within metro areas, with 60 percent of the value of 
all U.S. goods and services being generated in urban areas. 
Further, over 85 percent of our nation's market share of 
critical transportation infrastructure exists in metro areas. 
The report makes clear that our economic and social well being 
depends on the investments that we have made in our 
metropolitan area transportation infrastructure and services.
    Metropolitan areas face significant transportation 
challenges, such as increasing infrastructure maintenance and 
investment needs, increasing traffic congestion, meeting 
environmental compliance goals, planning transportation 
projects in a coordinated manner, land use and growth issues, 
and diverse traveler needs. High-quality, multi-modal 
transportation infrastructure--particularly systems that 
mitigate congestion, are in a state of good repair, comply with 
environmental standards, and are well coordinated and planned--
is essential to providing the public with reliable travel 
options to and within metropolitan areas.
    The hearing explored the transportation challenges of 
metropolitan areas and the Federal role in partnering with 
metro area to address these challenges. This hearing was part 
of the series of hearings exploring emerging themes in 
transportation policy and practice, the needs of our national 
surface transportation system, and the authorization of the 
next surface transportation act.

              Freight Movement From Origin to Destination

    On April 24, 2008, the Subcommittee held a hearing on 
``Freight Movement from Origin to Destination''. The design, 
organization, capacity, and operation of the nation's surface 
transportation system to move freight efficiently and reliably 
to its destination is one of the major issues that the 
Subcommittee will consider in the next surface transportation 
program authorization bill.
    Advances in logistics have made our nation's roadways real-
time warehouses thanks to just-in-time delivery, which builds 
greater efficiencies and cost savings into the system by 
allowing businesses to order parts and inventory stock in 
smaller batches. The growth in congestion on the nation's 
roadways threatens these efficiency gains. According to the 
Council of Supply Chain Management Professionals, between 2004 
and 2005, after 17 years of decline, total logistics costs for 
U.S. companies increased by $156 billion. Transportation 
accounts for $744 billion of the $1.18 trillion in total 
logistics costs. The largest portion of the transportation cost 
is for truck transportation. The logistics cost relating to 
intercity trucking reached $394 billion in 2005, up from $335 
billion a year earlier. Total logistics costs accounted for 9.5 
percent of the Gross Domestic Product in 2005, up from 8.8 
percent in 2004.
    Many segments of the nation's transportation network are 
currently operating at or near capacity. With future trade 
volumes expected to more than double across all modes, it is 
imperative that we develop a strategy and identify the 
resources to finance the development of the intermodal system 
that meets these needs. For the United States to remain 
competitive in the global marketplace, its surface 
transportation system must be constantly upgraded and renewed 
so that it continues to meet the evolving logistics demands.
    As trade patterns evolve, entirely new trade corridors may 
need to be developed or existing ones modified or expanded. For 
instance, the sharp rise in goods imported from China and other 
Asian countries in recent years has put the performance of West 
Coast ports, their connections to more inland transportation 
networks, and the overall surface transportation system to the 
test.
    Rather than only looking at the issue of freight movement 
through specific points on the surface transportation system, 
such as major metropolitan areas or major freight bottlenecks, 
this hearing looked at the entire trip necessary to move 
freight from the point of origin to final destination, and 
assessed the variety of intermodal infrastructure required to 
complete freight delivery most efficiently. This hearing was 
another in a series of hearings as part of the Subcommittee's 
effort to prepare for the authorization of the next surface 
transportation act.

           Rising Diesel Fuel Costs in the Trucking Industry

    On May 6, 2008, the Subcommittee held an oversight hearing 
on the causes of rising diesel fuel costs and the impact of 
this trend on the trucking industry.
    The retail price of a gallon of gasoline has increased 25 
percent between March 2007 and March 2008; 41 percent over the 
last three years; and 102 percent since 2003. By comparison, a 
gallon of diesel fuel rose 48 percent in the past year; 78 
percent in the last three years; and 166 percent since 2003. 
This sharp increase has placed an extreme burden on the 
trucking industry. Every one-cent increase in the price of 
diesel fuel translates to an annual additional cost of $391 
million to the trucking industry. It costs nearly $800 more for 
a driver to fill a standard tractor-trailer than five years 
ago. In addition to impacts on trucking firms and drivers, the 
increased cost of transporting goods to market has had a 
significant effect on the price of many consumer goods. The 
Subcommittee heard testimony from representatives from the 
trucking industry, shippers, and property brokers about the 
impacts of rising diesel prices.
    The Subcommittee also examined the relationship among motor 
carriers, brokers, shippers, and independent drivers with 
respect to setting and collecting fuel surcharges. Given the 
sharp rise in the cost of transporting goods by truck, many 
motor carriers, brokers, and independent drivers are assessing 
fuel surcharges on shippers in order to haul their goods. A 
fuel surcharge is an additional charge above the standard rate 
to haul freight that is meant to cover the cost of an increase 
in the price of fuel. Fuel surcharges became prevalent in the 
trucking industry during the period of fuel price spikes in the 
1970s, and have generally continued since then when fuel prices 
rise.
    Trucking fuel surcharges are not fixed and are not 
regulated by any Federal entity. The amount of the fuel 
surcharge is determined by formulas set by an individual motor 
carrier or other entity arranging for or providing the 
transportation. Independent owner-operators raised concerns at 
the hearing over the lack of transparency and imperfect 
information in transactions with motor carriers, and 
particularly with freight brokers, with respect to fuel 
surcharges. These drivers argue that lack of disclosure 
requirements makes it difficult to verify whether the fuel 
surcharge is actually being passed on to those paying the 
higher price at the pump.

      Maintaining our Nation's Highway and Transit Infrastructure

    On June 5, 2008, the Subcommittee held a hearing on the 
investment levels and Federal policies necessary to maintain 
the nation's existing highway and transit infrastructure to a 
state of good repair. Maintaining the nation's surface 
transportation infrastructure is critical to ensuring that 
these assets will remain safe and reliable in the future. The 
limited resources available to maintain and improve the 
condition and performance of the system have forced the 
agencies responsible for constructing, operating and 
maintaining the network to make difficult choices between 
system expansions and ongoing maintenance costs.
    Surface transportation assets have limited life spans. 
Currently, many segments of the nation's transportation 
infrastructure are reaching or exceeding their useful design 
life. One-half of all bridges in the United States were built 
before 1964. According to the Department of Transportation's 
2006 Conditions and Performance (``C&P'') report, the average 
age of urban light rail cars is 14.8 years, commuter rail 
passenger coaches have an average age of 20.1 years, and 48 
percent of urban buses maintenance facilities are more than 21 
years old.
    Addressing this situation will require significant 
investment, as well as innovative management and preservation 
techniques. The National Surface Transportation Policy and 
Revenue Study Commission's (``Commission'') report, 
Transportation for Tomorrow, identified the deterioration from 
aging and use as ``one of the greatest threats to the Nation's 
surface transportation network.'' According to the C&P report, 
the average annual investment needed to cover the ``Cost to 
Maintain'' scenario is projected to be $78.8 billion per year 
from all sources from 2005 to 2024, an increase of 2.3 percent 
over the projections made in the DOT's 2004 C&P report.
    This hearing continued the series of hearings in the 
Subcommittee's effort to prepare for the authorization of the 
next surface transportation bill under SAFETEA-LU. The 
Subcommittee heard testimony from state departments of 
transportation, public transit agencies and other public 
entities responsible for maintaining transportation 
infrastructure.

Connecting Communities: The Role of the Surface Transportation Network 
                      in Moving People and Freight

    On June 24, 2008, the Subcommittee held a hearing on the 
role of the surface transportation network in connecting the 
nation and facilitating passenger and freight mobility and 
access. Small urban and rural America is home to 56 million 
residents in 2,303 non-metropolitan counties, as well as 35 
million more residents living in rural settings on the fringes 
of metropolitan areas. With over 82 percent of the nation's 
communities solely dependent on trucking for the delivery of 
goods and commodities, roadways classified as rural are an 
integral part of the nation's surface transportation network.
    Public transportation is available in approximately 60 
percent of all rural counties nationwide although 28 percent of 
those counties have very limited service. In many smaller 
communities, with both longer distances between built-up areas 
and low population densities, transit can help bridge the 
spatial divide between people and jobs, services, and training 
opportunities. The Commission report concluded that public 
transportation in rural areas is vital to providing access to 
essential human services for those who do not have access to 
automobiles. Unfortunately, many rural areas lack public 
transportation services entirely. In those communities that do 
have rural transit systems, the services provided vary widely 
among states and regions of the country.
    The Subcommittee received testimony from two Secretaries of 
Transportation from largely non-urbanized States, a General 
Manager of a small urban transit agency, a Director of State 
Government affairs for a busing company, an Executive Director 
for a regional planning agency, and an Executive Director for a 
paratransit provider. This hearing was part of the 
Subcommittee's effort to prepare for the authorization of the 
next surface transportation act.

 Truck Weights and Lengths: Assessing the Impacts of Existing Laws and 
                              Regulations

    On July 9, 2008, the Subcommittee held a hearing on Federal 
laws governing truck weights and lengths.
    The existing framework of laws and regulations governing 
minimum and maximum weights and lengths for trucks is a complex 
set of Federal standards that apply to the Interstate Highway 
System and the National Network, a system of approximately 
209,000 miles of roads specifically designated in Federal 
regulations. Federal law sets minimum and maximum standards for 
weight, and only minimum standards for length. There are 
numerous exceptions to these Federal standards that States have 
the authority to exercise, through statutory exemptions and 
grandfather rights. In addition, States also have the authority 
to issue permits to exempt trucks from Federal laws on the 
Interstate Highway System and National Network, the parameters, 
requirements, and costs of which vary from State to State. 
Beyond the Interstate Highway System and National Network, 
States have the ability to set their own size and weight 
limitations on all other roads.
    Subcommittee Members heard testimony from the Federal 
Highway Administration, representatives from State Departments 
of Transportation, local officials, and representatives of the 
trucking industry, shippers, safety groups, commercial vehicle 
law enforcement, the agricultural community. These witnesses 
discussed the origins of size and weight laws, implementation 
of Federal law at the State level, enforcement issues, and the 
impact of the existing regulatory framework on the nation's 
highway and bridge infrastructure, safety, and on interstate 
commerce.

   Improving Roadway Safety: Assessing the Effectiveness of NHTSA's 
                    Highway Traffic Safety Programs

    On July 16, 2008, the Subcommittee held a hearing on the 
effectiveness of the National Highway and Traffic Safety 
Administration's highway safety programs in addressing roadway 
safety. According to the Commission report, highway travel 
accounts for 94 percent of the fatalities and 99 percent of the 
injuries on the Nation's surface transportation system. In 
2006, 42,642 people lost their lives and more than 2.6 million 
people were injured in motor vehicle crashes. Motor vehicle 
crashes are the leading cause of death and disability for 
American ages 2 through 34. According to NHTSA, the 6.2 million 
motor vehicle crashes cost an estimated $230.6 billion related 
to deaths, injuries, property damage, productivity losses, 
medical bills, and other related costs.
    NHTSA has established a fatality rate goal of 1.35 deaths 
per 100 million vehicle miles traveled (``VMT'') in FY 2009, 
reducing to 1.0 per 100 million VMT by 2011. According to the 
Commission, a fatality rate of 1.0 per 100 million VMT would 
reduce total highway fatalities to just over 30,000 annually. 
While the fatality rate has been reduced from 5.5 fatalities 
per 100 million in 1966 to 1.42 per 100 million VMT in 2006, 
the number of fatalities has remained relatively flat, ranging 
between 42,000 and 43,000 over the past 10 years.
    The Federal government's leadership role in improving 
highway safety began with the enactment of the Highway Safety 
Act of 1966, which created the Federal, state and local 
partnership to carry out behavioral highway safety programs. 
Highway safety programs are administered primarily by NHTSA and 
funded through the Highway Trust Fund. NHTSA's behavioral 
highway safety programs are intended to reduce fatalities, 
injuries, and economic losses resulting from motor vehicle 
crashes. These programs provide grants to states to implement 
highway safety programs. States allocate grant funds to local 
government agencies and nonprofit organizations to implement 
behavioral highway safety programs and enforcement activities.
    The Subcommittee heard testimony from the NHTSA Deputy 
Administrator, GAO, a state highway safety administrator, and 
organizations and individuals working to improve highway 
safety. The witnesses discussed the challenges in implementing 
existing programs, and gave their recommendations for 
strengthening and improving Federal behavioral highway safety 
programs. This hearing was part of the Subcommittee's effort to 
prepare for the authorization of the next surface 
transportation act.

                        Transportation Planning

    On September 18, 2008, the Subcommittee held a hearing on 
the transportation planning process to discuss ways for 
improving and promoting long term planning and the coordination 
among various jurisdictions. Today's transportation challenges 
often have impacts beyond state and local borders. Congestion 
in and around our nation's largest ports prevents imported 
goods from being delivered in a timely manner across the 
country. Railroad congestion in the Chicago area will impact 
goods being shipped from California to New York.
    State Departments of Transportation and, in metro areas 
with populations above 50,000, metropolitan planning 
organizations (``MPOs'') conduct the transportation planning 
process. All highway and transit projects seeking federal 
funding must be included in the regional long-range 
transportation plan, the short-term transportation improvement 
plan (``TIP''), and the approved Statewide Transportation 
Improvement Program (``STIP'').
    MPOs are charged with developing Metropolitan 
Transportation Plans and TIPs. The Metropolitan Transportation 
Plan reflects the long-range intermodal vision for the 
metropolitan planning area. The TIP is a four-year project-
specific document. The TIP is updated at least every four 
years. The projects contained in the TIP are to be consistent 
with the metropolitan transportation plan.
    This hearing allowed Subcommittee members to explore the 
role of planning in creating a cohesive and forward-thinking 
transportation network. The Subcommittee received testimony 
from the mayor of a large city, a Deputy Secretary for 
Transportation Planning for a State department of 
transportation, an Executive Director and a Transportation 
Director for two different metropolitan planning organizations, 
a Planning Director for a mid-size city, and the Chair of the 
Executive Board of a multi-state transportation coalition. This 
hearing was part of the Subcommittee's effort to prepare for 
the authorization of the next surface transportation act.

                            Member Briefings

    On March 15, 2007, the Subcommittee held a Member 
roundtable to discuss the latest issues and programs focused on 
promoting the use of bicycling as a mode of transportation.
    On July 31, 2007, the Subcommittee held a briefing for 
Members to discuss issues related to an alleged plan to build a 
NAFTA Superhighway between the three participating nation's in 
NAFTA.
    On May 21, 2008, the Subcommittee held a briefing for 
Members to review the findings of a Government Accountability 
Office investigation of drug and alcohol testing of commercial 
motor vehicle drivers.
    On July 23, 2008, the Subcommittee held a briefing for 
Members to discuss future alternatives being examined as 
possible replacements for the current motor fuel excise tax. 
Members received updates from two pilot programs: one being 
conducted by the Oregon DOT, which just concluded its first 
phase, and the other from Iowa State University, which receive 
funding in SAFETEA-LU and was just beginning operations.
    On September 25, 2008, the Subcommittee held a briefing for 
Members to discuss advancements in Intelligent Transportation 
Systems (``ITS'') and potential uses for ITS within the 
nation's transportation system. Members participated in 
demonstrations of a variety of ITS technologies.

SUMMARY OF ACTIVITIES FOR THE SUBCOMMITTEE ON RAILROADS, PIPELINES, AND 
                          HAZARDOUS MATERIALS

    During the 110th Congress, the Subcommittee on Railroads, 
Pipelines, and Hazardous Materials, chaired by Representative 
Corrine Brown, with Representative Bill Shuster serving as 
Ranking Member, held 18 hearings (129 witnesses and 
approximately 56 hours), covering the breadth of issues within 
the jurisdiction of the Subcommittee.
    The Committee on Transportation and Infrastructure 
developed major legislation, H.R. 2095, the ``Federal Railroad 
Safety Improvement Act of 2007'', and H.R. 6003, the 
``Passenger Rail Investment and Improvement Act of 2008''. The 
Federal rail safety program had not been reauthorized since 
1994; it expired in 1998. Amtrak had not been reauthorized 
since 1997; it expired in 2002. The Committee reported H.R. 
2095 favorably to the House on September 19, 2007. The House 
passed the bill (377-38) on October 17, 2007. The Committee 
reported H.R. 6003 favorably to the House on June 5, 2008. The 
House passed the bill (311-104) on June 11, 2008. The House and 
Senate negotiated a final bill, which combined H.R. 2095 and 
H.R. 6003. The President signed the bill into law on October 
16, 2008 (P.L. 110-432).
    The following bills and resolutions were enacted in the 
110th Congress:
          Public Law 110-432, Division A, the Rail Safety 
        Improvement Act of 2008;
          Public Law 110-432, Division B, the Passenger Rail 
        Investment and Improvement Act of 2008; and
          H. Res. 1176, supporting the goals and ideals of 
        National Train Day.
    Other bills and resolutions that passed the House include:
          H.R. 6003, the ``Passenger Rail Investment and 
        Improvement Act of 2008''; and
          H. Con. Res. 408, recognizing North Platte, Nebraska, 
        as ``Rail Town USA''.
    In addition, on July 18, 2008, the House considered H.R. 
6515, the ``Drill Responsibly in Leased Lands Act of 2008'', 
under suspension of the Rules and the bill failed (244-173) to 
receive the necessary two thirds vote. It was later included in 
H.R. 6899, the ``Comprehensive American Energy Security and 
Consumer Protection Act'', which was considered by the House on 
September 16, 2008, and passed by a vote of 236-189.
    On September 26, 2008, the Committee reported H.R. 6707, 
the ``Taking Responsible Action for Community Safety Act'', 
favorably to the House. On September 27, 2008, the bill was 
considered under suspension of the Rules and failed (243-175) 
to receive the necessary two thirds vote. No further action was 
taken on the legislation.

                   Public Laws and House Resolutions

                  Rail Safety Improvement Act of 2008

                     Public Law 110-432, Division A

                              (H.R. 2095)

                            October 16, 2008

    The Rail Safety Improvement Act of 2008 (P.L. 110-432, 
Division A) reauthorizes the Federal Railroad Administration 
(``FRA'') and provides a total of $1.625 billion for our 
nation's rail safety program for fiscal years 2009 through 
2013. The authorization of the rail safety program expired a 
decade ago, in 1998.
    The law clarifies that the mission of the FRA is to ensure 
that safety is the highest priority; creates a new position of 
Chief Safety Officer; requires the Secretary of Transportation 
to develop a long-term strategy for improving rail safety, 
which must include an annual plan and schedule for, among other 
things, reducing the number and rates of accidents, injuries, 
and fatalities involving railroads; and requires the Secretary 
to report annually on the Department's progress in implementing 
unmet statutory mandates and open safety recommendations by the 
Department of Transportation's Inspector General and the 
National Transportation Safety Board (``NTSB'').
    The legislation implements a number of long-standing NTSB 
safety recommendations by requiring all Class I railroads and 
intercity passenger and commuter railroads to install a 
positive train control (``PTC'') system by December 31, 2015, 
on all main-line track where intercity passenger railroads and 
commuter railroads operate and where toxic-by-inhalation 
hazardous materials are transported; reforming hours-of-service 
standards to provide train crews with more rest time; requiring 
Class I railroads to provide emergency escape breathing 
apparatus for all crewmembers on freight trains carrying 
hazardous materials; and strengthening track and grade crossing 
safety.
    The law also enhances railroad worker training; prohibits 
railroads from denying, delaying, or interfering with the 
medical treatment of injured workers; increases civil penalties 
for certain rail safety violations; enhances bridge and tunnel 
safety; establishes a program at the NTSB to assist victims and 
their families involved in a passenger rail accident, modeled 
after a similar aviation disaster program; and ensures that 
state governments are able to protect their citizens against 
environmental hazards, such as noxious fumes or leaks into 
groundwater, which could result from operation of a waste 
processing facility by a railroad.

         Passenger Rail Investment and Improvement Act of 2008

                     Public Law 110-432, Division B

                              (H.R. 2095)

                            October 16, 2008

    The Passenger Rail Investment and Improvement Act of 2008 
(P.L. 110-432, Division B) reauthorizes Amtrak and provides a 
total of $13.06 billion over five years to help bring the 
Northeast Corridor to a state-of-good-repair, and encourage the 
development of new and improved intercity passenger rail 
service through a Federal-State matching grant program. It also 
provides $1.5 billion for the planning and development of high-
speed rail corridors.
    Specifically, over five fiscal years, the law authorizes 
$5.315 billion for capital grants and $2.949 billion for 
operating grants to Amtrak. Past inconsistent Federal support 
has hampered Amtrak's ability to replace catenaries, passenger 
cars, bridges, ties, and other equipment necessary for Amtrak 
to provide service. These capital grants will help bring the 
Northeast Corridor to a state-of-good-repair, and allow Amtrak 
to procure new rolling stock, rehabilitate existing bridges, 
and make additional capital improvements on its entire network. 
In addition, the operating grants authorized under the bill 
will help Amtrak pay salaries, health costs, overtime pay, fuel 
costs, facilities, and train maintenance and operations. These 
operating grants will also ensure that Amtrak can meet its 
obligations under its recently negotiated labor contract.
    In an effort to encourage the development of new and 
improved intercity passenger rail services, the legislation 
creates a new State Capital Grant program for intercity 
passenger rail projects. The law provides $1.9 billion over 
five years for grants to States to pay for the capital costs of 
facilities and equipment necessary to provide new or improved 
intercity passenger rail. Out of these funds, $325 million is 
reserved for grants to States and to Amtrak for projects that 
increase capacity along certain rail lines in order to reduce 
congestion and facilitate ridership growth.
    The legislation also authorizes $1.5 billion over five 
years for grants to States and/or Amtrak to finance the 
construction and equipment for 11 authorized high-speed rail 
corridors. In addition, the Act requires the Secretary of 
Transportation to issue a request for proposals for projects 
for the financing, design, construction, and operation of ten 
Federally-designated high speed rail corridors and the 
Northeast Corridor. Proposals would need to meet certain 
financial, labor, and planning criteria, as well as a detailed 
description to account for any impacts on existing passenger, 
commuter, and freight rail traffic to be considered. If the 
Secretary receives a qualifying proposal, he is directed to 
form a Commission to study any proposals received. The 
Secretary would issue a report to Congress on the Commission's 
findings and his recommendations for each of the corridors. Any 
further action on a proposal would need legislative approval by 
Congress.
    Finally, the Act authorizes $1.5 billion for fiscal years 
2009 through 2019 for capital preventive maintenance grants for 
the Washington Metropolitan Area Transit Authority, and 
includes a number of measures to reform Amtrak's operations and 
Amtrak's financial and accounting procedures; improve Amtrak's 
on-time performance; reduce Amtrak's debt; and resolve disputes 
between commuter and freight railroads. The Act also extends 
the number of years a recipient of a Railroad Rehabilitation 
and Improvement Financing (``RRIF'') loan could have to repay 
the loan from 25 years to 35 years. These loans will help 
railroads, States, government-sponsored authorities, and 
shippers improve capacity. Funding from the RRIF program can 
also be used to develop intercity and high-speed rail systems 
and purchase and install positive train control systems.

         Supporting the Goals and Ideals of National Train Day

                             (H. Res. 1176)

                              May 14, 2008

    H. Res. 1176 recognizes the House of Representatives' 
support for National Train Day and the contribution that trains 
make to the national transportation system. May 10, 2008 is 
designated as National Train Day because it marked the 139th 
anniversary of the ``golden spike'' being driven into the final 
tie at Promontory Summit, Utah, to complete the first 
transcontinental railroad.

                           Other Legislation

         Passenger Rail Investment and Improvement Act of 2008

                           (H.R. 6003/S. 294)

                   Passed the House on June 11, 2008

    H.R. 6003, the ``Passenger Rail Investment and Improvement 
Act of 2008'', authorizes $14.4 billion for Amtrak capital and 
operating grants, state intercity passenger rail grants, and 
high speed rail grants over five years (FY2009-FY2013). Major 
provisions of the bill include increasing investment in Amtrak 
by authorizing an average of $840 million per year to Amtrak 
for capital grants and an average of $606 million per year for 
operating grants. H.R. 6003 also authorizes $345 million per 
year to assist Amtrak with its debt service. This funding will 
allow Amtrak to focus its resources on improving existing 
services and making additional capital and operational 
improvements.
    The bill also authorizes $500 million per year for grants 
to States to pay for the capital costs of facilities and 
equipment necessary to provide new or improved intercity 
passenger rail service. It authorizes $350 million per year for 
grants to States and to Amtrak to finance the construction and 
development of the nation's 11 high-speed rail corridors. For 
grants made under the State grant program and the high-speed 
rail development program, the Federal government may provide up 
to 80 percent of the total cost of the project. The bill also 
provides Federal funding to alleviate ``choke points'' that 
suffer from poor service reliability and on-time performance 
due to freight traffic congestion. It also directs the 
Secretary of the Department of Transportation to issue a 
request for proposals for projects for the financing, design, 
construction, and operation of an initial high-speed rail 
system operating between Washington, DC, and New York City in 
less than two hours. Finally, H.R. 6003 establishes a forum at 
the Surface Transportation Board to help complete stalled 
commuter rail negotiations, which will help our nation's rail 
network operate as efficiently as possible.
    On June 11, 2008, the House passed H.R. 6003 by a vote of 
311-104. The bill was subsequently included in H.R. 2095, the 
Rail Safety Improvement Act of 2008 (P.L. 110-432, Division B).

             Drill Responsibly in Leased Lands Act of 2008

                              (H.R. 6515)

                 Passed the House on September 16, 2008

    H.R. 6515, the ``Drill Responsibly in Leased Lands Act of 
2008'', amends the Naval Petroleum Reserves Production Act of 
1976 to direct the Secretary of the Interior to conduct an oil 
and gas competitive leasing program in the National Petroleum 
Reserve, Alaska, that includes at least one lease sale each 
year during the period 2009 through 2013. The bill instructs 
the Secretary of Transportation to: (1) facilitate pipeline 
construction to transport oil and gas from or through the 
National Petroleum Reserve in Alaska to existing transportation 
or processing infrastructure on the North Slope of Alaska; and 
(2) require certain authorized pipeline operators to certify 
annually that the pipeline is being fully maintained and 
operated in an efficient manner.
    The bill further directs the President to coordinate with 
oil and natural gas producers on the North Slope of Alaska, and 
other specified entities, to expedite construction of a natural 
gas pipeline from Alaska to U.S. markets.
    On July 18, 2008, the House considered the bill under 
suspension of the Rules and the bill failed (244-173) to 
receive the necessary two-thirds vote. It was later included in 
H.R. 6899, the ``Comprehensive American Energy Security and 
Consumer Protection Act'', which was considered by the House on 
September 16, 2008, and passed by a vote of 236-189.

        Recognizing North Platte, Nebraska, AS ``Rail Town USA''


                           (H. Con. Res. 408)


                 Passed the House on September 18, 2008

    H. Con. Res. 408 recognizes North Platte, Nebraska, as 
``Rail Town USA''. North Platte is home to Union Pacific's 
Bailey Yard, the largest rail classification yard in the world, 
handling 10,000 railroad cars each day.

           Taking Responsible Action for Community Safety Act


                              (H.R. 6707)


         Reported Favorably to the House on September 26, 2008

    H.R. 6707, the ``Taking Responsible Action for Community 
Safety Act'', enables the Surface Transportation Board 
(``STB'') to thoroughly consider the public interest when 
evaluating a proposed railroad merger or consolidation that 
includes at least one Class I railroad. Under current law, the 
STB is required to approve all mergers and consolidations 
between a Class I railroad and a Class II or Class III railroad 
unless the Board finds that the merger is likely to cause a 
substantial lessening of competition, create a monopoly, or 
restrain trade in freight surface transportation in any region 
of the United States; and that the anticompetitive effects of 
the transaction outweigh the public interest in meeting 
significant transportation needs.
    Specifically, the bill requires the STB to consider, in a 
merger or consolidation proceeding, the safety and 
environmental effects of the proposed transaction, including 
the effects on local communities, such as public safety, grade 
crossing safety, hazardous materials transportation safety, 
emergency response time, noise, and socioeconomic impacts. It 
also requires the STB to consider the effects of the proposed 
transaction on intercity passenger rail and commuter rail.
    The bill prohibits the STB from approving or authorizing a 
merger or consolidation if it finds that the transaction is 
inconsistent with the public interest because the transaction's 
impacts on safety and on all the affected communities outweigh 
the transaction's benefits. Further, the bill authorizes the 
STB to impose conditions to mitigate the effects of the 
transaction on local communities when such conditions are in 
the public interest.
    On September 26, 2008, the Committee reported H.R. 6707 
favorably to the House. On September 27, 2008, the bill was 
considered under suspension of the Rules and failed (243-175) 
to receive the necessary two-thirds vote. No further action was 
taken on the legislation.

                                Hearings

    The Subcommittee on Railroads, Pipelines, and Hazardous 
Materials held 18 hearings (129 witnesses and approximately 56 
hours).

           Reauthorization of the Federal Rail Safety Program

    On January 30, 2007, the Subcommittee held a hearing on the 
Federal rail safety program and to discuss proposals for 
reauthorization of the Federal Railroad Administration 
(``FRA''). The FRA administers the Federal rail safety program. 
The FRA was created in 1966 by the Department of Transportation 
Act, when all safety responsibilities of the Interstate 
Commerce Commission were transferred to the DOT.
    The FRA was last reauthorized by the Federal Railroad 
Safety Authorization Act of 1994; that authorization expired in 
1998. One of the main responsibilities of the FRA is to 
promulgate and enforce rail safety regulations. It also 
conducts research and development in support of improved rail 
safety. In addition, the FRA has a number of responsibilities 
relating to rail security, including assessing civil and 
criminal penalties for actions that impair or impede the 
operation of railroad equipment. The FRA has the authority to 
issue regulations and orders pertaining to rail safety and 
security and to issue civil and criminal penalties to enforce 
those regulations and orders. Under current law, all laws, 
regulations, and orders related to rail safety and security 
must be nationally uniform to the extent practicable. A State 
may adopt or continue in force a law, regulation, or order 
related to rail safety or security until the Secretary of 
Transportation or the Secretary of Homeland Security prescribes 
a regulation or issues an order covering the subject matter of 
the State requirement. The FRA relies on 421 Federal safety 
inspectors and 160 State safety inspectors to monitor the 
railroads' compliance with federally mandated safety standards.
    At the hearing, the Administrator of the FRA testified that 
the railroad industry's overall safety record has improved 
during recent decades, and most safety trends are heading in 
the right direction. The Administrator testified that the FRA 
has undertaken a number of initiatives to improve rail safety, 
including the National Rail Safety Action Plan; a rulemaking to 
federalize core railroad operating rules governing the handling 
of track switches, leaving cars in the clear, and shoving cars; 
deployment of new track inspection vehicles; and development of 
positive train control technology. The Vice Chairman of the 
National Transportation Safety Board (``NTSB'') testified that 
the NTSB continues to have concerns with several aspects 
relating to rail safety, including railroad fatigue, the 
transportation of hazardous materials in tank cars, and 
positive train control. The Department of Transportation 
Inspector General testified that it would like to see two key 
issues addressed in FRA reauthorization: (1) improving grade 
crossing safety through better compliance with safety 
regulations and by working with States, and (2) identifying 
safety trends through data analysis. The Government 
Accountability Office (``GAO'') testified that based on a 
recent report on the FRA's overall safety oversight strategy, 
it recommended that FRA (1) put into place measures of the 
results of its inspection and enforcement program; and (2) 
evaluate its enforcement program.

      Reauthorization of the Federal Rail Safety Program (Pt. II)

    On January 31, 2007, the Subcommittee reconvened to 
continue receiving testimony on the Federal rail safety program 
and to discuss proposals for reauthorization of the FRA.
    The President and Chief Executive Officer of the 
Association of American Railroads (``AAR'') testified in 
support of the Committee adopting performance-based, as opposed 
to design-based, standards in any reauthorization that 
addressed workplace safety regulation. The President of AAR 
also stated that the overall railroad industry safety record is 
excellent, reflecting the extraordinary importance railroads 
place on the safety of their employees and the communities they 
serve. The President of the Transportation Trades Department, 
AFL-CIO, testified that safety in the railroad industry has 
deteriorated in recent years and urged the Subcommittee to 
reauthorize the FRA in order to improve rail safety. He also 
urged the Subcommittee to adopt legislation that improved 
whistleblower protections; mandated minimum training standards, 
and methods to ensure that training programs are appropriate 
and effective; revise the hours of service statute to ensure 
workers obtain adequate rest; eliminate limbo time; and adopt 
new rail safety technologies. The President of the Teamsters 
Rail Conference testified that any reauthorization should 
include increased employee protections; address rail worker 
fatigue by counting limbo time as time on duty; require ten-
hour calling times to ensure proper rest; ensure appropriate 
staffing; address dark territory; and eliminate camp cars. 
Finally, the American Association for Justice testified that 
the Subcommittee should adopt an amendment to clarify the 
preemption clause in the Federal Rail Safety Act (``FRSA''), 
making it clear that any uniform standards established by the 
FRA pursuant to the FRSA are minimum standards.

                      Fatigue in the Rail Industry

    On February 13, 2007, the Subcommittee held a hearing on 
fatigue in the rail industry.
    The FRA reports that human factors are responsible for 
nearly 40 percent of all train accidents, and a new study 
confirms that fatigue plays a role in approximately one out of 
four of those accidents.
    The hours of service law, which was originally enacted in 
1907, and substantially amended in 1969, deals only with acute 
fatigue, not with cumulative fatigue. The law permits working 
11 hours and 59 minutes followed by eight hours off duty and 
another 11 hours and 59 minutes on duty, perpetually. This kind 
of ``backward-rotating shift'' can wreak havoc on an employee's 
circadian rhythm.
    In addition, the law does not address ``limbo time'', which 
is the time when a crew's working assignment was finished and 
they are waiting for transport back to their homes. During 
limbo time, crewmembers are required to stay awake, alert, and 
able to respond to any situation and follow the railroad's 
operating rules, which means that crews are regularly on the 
job for 15 to 20 hours at a time.
    On numerous occasions, the Department of Transportation 
(``DOT'') has formally submitted legislation to reform the 
hours of service law, supplement it with fatigue management 
requirements, or authorize the FRA to prescribe regulations on 
fatigue in light of current scientific knowledge. Currently, 
the statute contains no substantive rulemaking authority over 
duty hours. The FRA's lack of regulatory authority over duty 
hours, unique to FRA among all the safety regulatory agencies 
in the Department, precludes FRA from making use of almost a 
century of scientific learning on the issue of sleep-wake 
cycles and fatigue-induced performance failures. Despite the 
need for reform to address fatigue, no action has been taken.
    At the hearing, the Administrator of the FRA testified that 
the Department of Transportation should have the regulatory 
authority to replace the hours of service laws with 
scientifically-based regulations, after first seeking consensus 
recommendations from the agency's Railroad Safety Advisory 
Committee. The Chairman of the NTSB testified that the Hours of 
Service Act was antiquated and should be revised. Additionally, 
the Chairman of the NTSB observed that in the past two decades, 
the Safety Board has issued 33 recommendations specific to 
railroad employee fatigue. The President of the AAR urged 
caution for any revisions to the Hours of Service Act. The 
Director of Regulatory Affairs for the Brotherhood of 
Locomotive Engineers and Trainmen urged the Subcommittee to 
pass common sense legislation enabling the FRA to affirmatively 
and aggressively regulate fatigue in our industry.

                       Transit and Rail Security

    On March 7, 2007, the Subcommittee on Highways and Transit 
and the Subcommittee on Railroads, Pipelines, and Hazardous 
Materials held a joint hearing to examine current issues in 
transit and rail security, including the roles and 
responsibilities of the Department of Homeland Security, the 
Federal Transit Administration, and the Federal Railroad 
Administration; the state of preparedness in the transit, rail, 
and over-the-road bus industries; and Federal programs and 
activities that help meet the security needs and funding 
priorities for mitigation of security threats against the 
Nation's transit, rail, and over-the-road bus systems.
    Throughout the world, transit and rail systems have long 
been targets of terrorist attacks, causing thousands of deaths 
and injuries. Transit and rail systems are popular targets of 
terrorist attacks worldwide. From 1991 to 2001, 42 percent of 
all terrorist incidents were carried out on rail systems or 
buses. Certain characteristics of domestic and foreign 
passenger rail systems make them inherently vulnerable to 
terrorist attacks and therefore difficult to secure, according 
to the GAO. By design, rail systems are open, have multiple 
access points, are hubs serving multiple carriers, and in some 
cases, have no barriers so that they can move a large number of 
people or freight quickly. In contrast, the U.S. commercial 
aviation system is housed in closed and controlled locations 
with few entry points. Transit and rail systems have open 
access with stops and transfer points and are thus difficult to 
protect. In addition, high volume (passengers and freight), 
expensive infrastructure, economic importance, and location 
make them attractive targets for terrorists because of the 
potential for mass casualties, economic damage, and disruption. 
Balancing the potential economic impact of security 
enhancements with the benefits of such measures is a difficult 
challenge.
    At the hearing, the President of AAR testified that the 
railroads should have access to pertinent intelligence 
information in creating their security plans, and remain in 
constant communication with the Transportation Security 
Administration (``TSA''), the Department of Defense, and the 
Department of Transportation. The Government Accountability 
Office recommended that TSA complete risk assessments, develop 
rail security standards based on best practices, and consider 
implementing practices used by foreign rail operators. The 
Amtrak Inspector General recommended that security standards 
and best practices be fully developed before promulgating 
security regulations and to ensure linkage between security and 
safety. Labor testified that Congress should mandate security 
training for workers.

                Role on Human Factors in Rail Accidents

    On March 16, 2007, the Subcommittee held a field hearing in 
San Antonio, Texas, to receive testimony on the role of human 
factors in rail accidents.
    According to the FRA, there were 2,835 train accidents in 
2006 (excluding grade crossing collisions), which resulted in 
six fatalities and 172 injuries. Twelve percent of these train 
accidents, or 342 of the 2,835 accidents, occurred in Texas--
the highest number of train accidents among all of the States.
    The FRA organizes the causes of train accidents into five 
categories: human factors; track and structures; equipment; 
signal and train control; and miscellaneous. Human factors and 
track defects consistently rank as the top two causes of all 
train accidents. According to the FRA, almost 40 percent of all 
train accidents are the result of human factors. Since 1994, 
when Congress last reauthorized the FRA, the number of train 
accidents caused by human factors has increased from 911 in 
1994 to 1,000 in 2006. In 2006, 129 of the 342 train accidents 
that occurred in Texas were the result of human factors; 132 
train accidents were caused by track defects.
    The top five most common human factors causes for accidents 
are: improperly lined switches; absence of an employee on, at, 
or ahead of a shoving movement; failure to control a shoving 
movement; switch previously run through; failure to secure a 
hand brake; and cars left afoul. All of these accident causes 
were contributing factors in a series of accidents that 
occurred in Texas and across the U.S. over the last decade.
    At the hearing, witnesses discussed accidents in Texas 
involving human factors, which resulted in hazardous materials 
releases, and a number of fatalities and injuries. Local 
witnesses urged the Subcommittee to consider mandating re-
routing trains carrying hazardous materials, including those 
that are toxic-by-inhalation, around major metropolitan areas, 
such as San Antonio. The NTSB testified that the accidents 
would have been preventable had the railroads installed a 
positive train control system. The NTSB recommended that the 
Subcommittee mandate installation of PTC in the rail safety 
bill and address the issue of fatigue.

                 International High-Speed Rail Systems

    On April 19, 2007, the Subcommittee held a hearing to 
examine international high-speed rail systems. High-speed rail 
is a form of rail transport, commonly defined as electronically 
propelled trains that operate at speeds exceeding 150 miles per 
hour (mph), with many trains testing at speeds in excess of 320 
mph. At high speeds, trains must be completely grade separated, 
meaning there are no at-grade crossings with roads or other 
modes of transportation. The tracks are fenced to prevent 
intrusion, and the trains must run on dedicated alignments with 
few stops to maximize performance. High-speed trains also must 
have sophisticated, modern signaling and automated train 
control systems.
    High-speed rail transportation is widely used in France, 
Germany, Great Britain, Spain, Italy, Japan, China, South 
Korea, Sweden, and the Netherlands. By comparison, the only 
American line that can approach the speeds of the European and 
Asian high-speed rail systems is Amtrak's Acela line, which 
operates between Washington, DC, and Boston, Massachusetts. The 
Acela is capable of achieving speeds of up to 135 mph between 
Washington, DC, and New York, New York, and 150 mph between New 
York and Boston, but usually averages considerably less than 
that (82 mph and 66 mph, respectively), largely due to 
congestion and track conditions.
    Witnesses appearing at the hearing testified on behalf of 
France, Japan, China, Spain, and the International Railway 
Association. Witnesses stated the reason for high-speed rail's 
success is due to a number of factors, including their 
governments' willingness to invest significant public funds to 
develop high-speed rail and to make rail a fierce competitor to 
other modes. The witnesses also testified to the benefits of 
high-speed rail, including job creation and environment 
benefits.

                        Rail Safety Legislation

    On May 8, 2007, the Subcommittee held a hearing on pending 
rail safety legislation.
    The FRA administers the Federal rail safety program, which 
was last reauthorized in 1994; that authorization expired in 
1998. Following the previous reauthorization, the Subcommittee 
and its predecessor subcommittees have held 22 hearings on rail 
safety.
    On May 2, 2007, Chairman James L. Oberstar and Subcommittee 
Chairwoman Corrine Brown introduced H.R. 2095, the ``Federal 
Railroad Safety Improvement Act of 2007''. H.R. 2095 is a four-
year reauthorization for the Federal rail safety program. It 
requires the Secretary to develop a long-term strategy for 
improving railroad safety; strengthens hours-of-service for 
signalmen and train crews by increasing rest time and 
eliminating limbo time; requires railroads to remove and 
maintain clear from its right-of-way at all grade crossings all 
vegetation that may obstruct the view of pedestrians and motor 
vehicle operators for a reasonable distance in either 
direction; requires all railroads and States to report 
information on grade crossings to the Secretary to enable the 
Secretary to update the DOT's grade crossing inventory; 
increases the ceiling for civil penalties for general railroad 
safety violations, accidents and incident violations, and 
hours-of-service violations; requires Class I railroads to 
implement positive train control systems by December 31, 2014; 
requires the Secretary to issue a regulation requiring 
railroads to manage the rail in their tracks to minimize 
accidents due to internal rail flaws; and requires the 
Secretary to establish minimum training standards for each 
craft of railroad employees.
    At the hearing, the Administrator of the FRA urged the 
Subcommittee to adopt H.R. 1516, the Administration's 
alternative to H.R. 2095. The President of the Transportation 
Trades Department, AFL-CIO supported H.R. 2095, including the 
provisions requiring prompt medical attention for rail workers 
and stronger whistleblower protections. The Teamsters Rail 
Conference and the United Transportation Union stated that 
nothing is more important to improving rail safety than the 
provisions in H.R. 2095 relating to worker fatigue. However, 
the President of the AAR expressed a number of concerns with 
H.R. 2095, including the provisions that dealt with worker 
fatigue, limbo time, and positive train control.

                      Amtrak Strategic Initiatives

    On June 12, 2007, the Subcommittee held a hearing to review 
Amtrak's fiscal year (``FY'') 2008 Strategic Plan (``Plan''). 
The Plan is a collaborative product of Amtrak's management and 
Board of Directors that establishes certain business goals to 
improve profitability, expand and enhance services, improve its 
physical assets, and improve employee and passenger safety. The 
FY 2008 plan is the most recent edition of a series of 
strategic initiatives Amtrak has published since 2003. The 
subsequent revisions reflect a movement by Amtrak from a focus 
on stabilization of a fragile business enterprise with 
substantial and critical deferred maintenance needs, to a more 
stable environment that focuses on better utilization of 
physical and organizational assets to improve financial 
performance.
    Amtrak released its FY 2008 Plan at a time of record 
demand. Year-to-date ridership in March 2007 was at 2.17 
million passengers, a seven percent increase over March 2006 
and two percent better than budget projections. Ticket revenues 
of $126.6 million were nearly 14 percent above FY06 revenues 
and six percent better than its budget projections. However, 
Amtrak also faces significant challenges. On-time performance 
(``OTP'') outside the Northeast Corridor continues to decline, 
hurting efforts to maintain ridership and attract new 
ridership. Over the past four years, long-distance OTP 
performance has declined each year. Additionally, Amtrak's 16 
state corridors continue a trend of four years of declining 
OTP. Amtrak is also beginning a multi-year cycle of replacing 
its aging fleet of railcars, with many cars more than 25 years 
old. It also faces $161 million in deferred projects and 
required security upgrades on its property and track. Amtrak 
must also devote a significant portion of its annual budget to 
debt service.
    At the hearing, Amtrak's President and Chief Executive 
Officer (``CEO'') testified that Amtrak was developing a 
strategic plan to meet these challenges. This plan included 
focusing on continued company-wide cost reduction initiatives 
to reduce Amtrak's reliance on Federal operating assistance and 
increasing revenue by adding frequencies and improving revenue 
management. Amtrak's other key goals and objectives include 
containing cost growth, improving financial transparency, 
providing a safe environment for employees and passengers, 
improving the management of our human capital, and finally 
conserving natural resources. The Plan intends to reduce 
Amtrak's dependence on Federal operating support over the next 
five fiscal years by increasing revenue and containing costs.
    Amtrak's President and CEO also outlined several goals that 
Amtrak would like to accomplish in a reauthorization bill. 
These goals were to solidify Amtrak's role in providing 
intercity passenger rail service, including establishing a 
federal policy for corridor development, improving long-
distance services to better link state and regional corridors, 
and becoming a more relevant transportation alternative. He 
also stated that the bill should help Amtrak take advantage of 
opportunities to connect Amtrak's intercity trains with other 
modes of travel.

                  Benefits of Intercity Passenger Rail

    On June 26, 2007, the Subcommittee held a hearing to 
examine the benefits of intercity passenger rail. Nearly all 
intercity passenger rail in the United States is operated by 
the National Railroad Passenger Corporation, otherwise known as 
Amtrak. Most of this service is part of Amtrak's ``basic 
system'' that includes a network of 21,000 miles of rail over 
which 300 trains operate per day (excluding commuter trains) 
serving more than 500 communities in 46 States. In addition, a 
number of States have contracted with Amtrak to operate state-
supported intercity passenger rail services. Amtrak serves over 
24.3 million passengers annually, generating ticket revenues 
above $1.37 billion.
    One of intercity passenger rail's benefits is as an 
alternative to highway and aviation travel. This benefit is 
more pronounced in the face of rising fuel costs, and increased 
air and highway congestion. Another benefit is economic. Rail 
stations are often engines for economic growth. Union Station 
in Washington, DC, is perhaps the most obvious example. The 
station attracts more than 23.5 million visitors per year and 
ranks as the most visited site in Washington, DC. The station 
houses Amtrak, Maryland Area Railway Commuter, the Virginia 
Railway Express, and Metro, which links commuters to Reagan 
National Airport and the rest of DC. Stations like Union 
Station have helped build up the economy in surrounding areas. 
Restaurants, shops, and local businesses have moved in, and 
residential real estate has thrived, all of which have created 
more jobs.
    At the hearing, the Secretary of the Wisconsin Department 
of Transportation testified on the benefits that intercity 
passenger rail provides for congestion relief, economic 
development, and disaster relief. The Commissioner of the New 
York Department of Transportation testified on the important 
interconnectivity benefits that Amtrak provides New York to the 
rest of the Northeast Corridor. The Chair of the Midwest 
Interstate Passenger Rail Commission testified that passenger 
rail development is a bargain compared to building roads and 
airports. For example, one railroad track can carry the same 
number of people as a ten-lane highway, at a fraction of the 
cost. Finally, the High-Speed Rail Project Manager for the 
Environmental Law and Policy Center urged the Subcommittee to 
adopt legislation that favored increased support for Amtrak and 
intercity passenger rail.

                          Amtrak Capital Needs

    On July 11, 2007, the Subcommittee held a hearing to 
examine Amtrak's capital needs, as part of a larger effort to 
introduce Amtrak reauthorization legislation. In 2005, Amtrak 
completed a comprehensive catalog of its capital needs. The 
analysis showed a $4.2 billion backlog of investment to bring 
the Amtrak engineering infrastructure system to a state-of-
good-repair (``SOGR''), excluding some major bridge and tunnel 
work. With the backlog of bridge and tunnel work included, that 
backlog approaches an estimated $6 billion. The current SOGR 
backlog is based on the population of assets beyond their 
current design life at the current unit cost to replace those 
assets. There is a corresponding annual incremental investment 
needed to maintain the infrastructure once at a SOGR.
    Even with adequate funding, resources, and additional 
equipment, Amtrak estimates the backlog of work will take a 
minimum of ten years to complete to maintain a reliable level 
of rail service as the construction is completed. Based on a 
ten-year catch-up scenario, the Amtrak capital funding needed 
during this period would be approximately $715 million per year 
through fiscal year 2011 and $600 million per year for each 
fiscal year 2012 to 2016 (in 2005 dollars).
    In addition, Amtrak plans to focus its attention on 
renewing its aging fleet of locomotives and passenger cars 
while making the best use of existing equipment. Amtrak 
estimates that the average age of its locomotives is 11 years, 
with locomotives ranging from 5 to 25 years old. The average 
lifespan of a locomotive is 25 to 30 years. The average age of 
Amtrak's passenger cars is 23 years, with passenger cars 
ranging from 5 to 55 years old. The average lifespan for 
passenger cars is 40 to 50 years. Amtrak estimates that it 
would cost $4 billion to replace its entire fleet of 1,542 
passenger cars at $2.5 million per unit, and $2.5 billion to 
replace its entire fleet of 497 locomotives at $5 million per 
unit.
    Amtrak's President and CEO, Alexander Kummant, who 
testified at the hearing, observed that an important component 
to helping Amtrak reduce its backlog effectively and quickly is 
the security of a multi-year funding bill. This legislation 
would allow Amtrak to plan its workforce, capital project 
schedule, and organization more effectively. Mr. Kummant 
observed that the reason the Northeast Corridor is not a 
dedicated high-speed corridor is partially due to its history 
of serving all communities along the corridor. Cost is also a 
factor. Amtrak estimates it would cost approximately $10 
billion to engineer the corridor to reduce trip time to 2 hours 
and 20 minutes (from current trip time of 2 hours and 45 
minutes).

             Federal, State, and Local Roles in Rail Safety

    On August 9, 2007, the Subcommittee held a field hearing in 
Norwalk, California, to receive testimony on Federal, state, 
and local roles in rail safety. Federal, state, and local 
governments all play a role in rail safety. The FRA administers 
the Federal rail safety program. It has the authority to issue 
regulations and orders pertaining to rail safety and to issue 
civil and criminal penalties to enforce those regulations and 
orders. The FRA relies on 421 Federal safety inspectors and 160 
State safety inspectors to monitor the railroads' compliance 
with the federally-mandated regulations and orders. These 
inspectors operate out of eight regional offices and are 
divided into six safety disciplines: (1) Track and Structures; 
(2) Signal and Train Control; (3) Motive Power and Equipment; 
(4) Operating Practices, which includes (5) Drug and Alcohol; 
and (6) Hazardous Materials. They also promote numerous 
initiatives under the Highway-Rail Grade Crossing and 
Trespasser Prevention Programs.
    Federal law requires all laws, regulations, and orders 
relating to rail safety to be nationally uniform to the extent 
practicable. A state may adopt or continue to enforce a law, 
regulation, or order related to rail safety until the Secretary 
of Transportation prescribes a regulation or issues an order 
covering the subject matter of the state requirement. A state 
may adopt or continue to enforce an additional or more 
stringent law, regulation, or order only in instances where the 
law, regulation, or order is necessary to eliminate or reduce 
an essentially local safety hazard; is compatible with a law, 
regulation, or order of the United States Government; and does 
not unreasonably burden interstate commerce.
    While state rail safety standards are limited by the 
Federal preemption standard, they do play an important and 
growing role in monitoring railroads' compliance with 
Federally-mandated safety standards. Today, 30 States employing 
160 safety inspectors participate in the FRA's Rail State 
Safety Participation Program. State programs generally 
emphasize planned, routine compliance inspections; however, 
States may undertake additional investigative and surveillance 
activities consistent with overall program needs and individual 
state capabilities.
    At the hearing, the Deputy Administrator of the FRA 
observed that a number of enforcement issues left to state and 
local governments control are important to railroad safety, 
especially to highway-rail grade-crossing safety. He stated 
that railroads are required to cooperate fully with local law 
enforcement authorities during their investigations of highway-
rail grade crossing collisions, which are, traffic accidents. 
Further, important issues relating to grade-crossing safety are 
also matters of state law. Likewise, the prohibition of 
trespassing on railroad property and of vandalism of railroad 
property and other property that affects railroad safety is 
primarily a matter of State law that has a significant impact 
on railroad safety. Trespassing is the leading cause of death 
associated with the railroad industry, so this is an area where 
States can (and need to) make a tremendous contribution to 
railroad safety. The regional vice president for BNSF testified 
that the fundamental framework of the Federal rail safety 
program succeeds in providing an increasing level of safety, 
while allowing railroads, local communities and state public 
utility commissions to work together to address issues of 
concern related to operations through communities. The Mayor of 
Pico Rivera, who testified at the hearing, urged Congress to 
assist local communities by mandating a more aggressive and 
responsive role for the railroads, particularly as it relates 
to health and safety issues. Additionally, he urged Congress to 
mandate that railroads grant access to their rights-of-way by 
cities and communities on a case-by-case basis to mitigate 
safety, trash, graffiti, and vandalism concerns in a timely 
fashion.

            Railroad-Owned Solid Waste Transload Facilities

    On October 16, 2007, the Subcommittee held a hearing on 
railroad-owned solid waste transload facilities. The purpose of 
the hearing was to examine the growing concern in the Northeast 
that some railroads are using federal preemption standards to 
shield themselves from important state and local environmental 
laws regarding the movements of municipal solid waste 
(``MSW'').
    Rail is an important transportation mode to move solid 
waste. There are many solid waste facilities throughout the 
country that ship waste by rail, using either direct transfer 
from an industrial side spur, or intermodal containers that 
travel by truck to rail yards. Typically, these shipments 
travel long distances, where rail is competitively priced in 
relation to trucking alternatives. As landfill space becomes 
more expensive, and fuel costs continue to rise, it is expected 
that solid waste shipments by rail will increase.
    However, there is a growing concern in the Northeast that 
some railroads are using federal preemption standards to shield 
themselves from important state and local environmental 
protection laws. Instead of merely transloading waste by taking 
it from trucks and placing it on rail cars, some railroads in 
the Northeast are operating like transfer stations, putting 
solid waste on the ground, sorting it, bailing it, and 
processing it before it goes on the railroad. Solid waste 
companies that do this work are required to comply with state 
and local environmental laws while the railroads--which are 
doing the same work--claim they are not subject to those laws 
because of federal preemption standards.
    At the hearing, the Chairman of the STB observed that there 
are three ways that issues involving the handling of solid 
waste at facilities proposed to be located at rail lines come 
before the Board: (1) proposals to build a new line into a new 
service area; (2) proposals that involve a new carrier or a 
small Class III carrier seeking to acquire and operate an 
existing line; and (3) the construction of facilities ancillary 
to already-authorized rail lines. The Chairman also testified 
that state and local laws are preempted only if the particular 
action would prevent or unreasonably interfere with rail 
transportation. The Vice Chairman of the STB testified that 
while the Board has taken a more assertive stance toward cases 
involving waste, more should be done. He also testified that a 
clarification of the railroad preemption law by Congress may be 
appropriate. The Mayor of the Village of Croton-on-Hudson, New 
York, related instances that were similar to other witnesses 
present at the hearing. He testified of a recent instance in 
which the Metro Enviro Transfer (``MET''), a business operating 
a construction and demolition debris transfer station, recently 
attempted to bypass a Village order and a state Supreme Court 
ruling to close its transfer station by filing with the STB for 
preemption to operate as a railroad. The Village had ordered 
MET to close the station due to repeated violations of State 
and local environmental protection laws. While MET later 
dropped their application with the STB and closed the station, 
the Mayor warned the Subcommittee that he is aware of other 
businesses interested in the MET station site and may pursue 
the railroad preemption route to bypass local and state 
environmental protection laws. The Mayor urged the Subcommittee 
to clarify the railroad preemption, otherwise local communities 
would be contending with more examples like MET.

      Role of Intercity Passenger Rail During National Emergencies

    On February 11, 2008, the Subcommittee held a field hearing 
in New Orleans, Louisiana, to receive testimony on the role of 
intercity passenger rail during national emergencies.
    Intercity passenger rail has many advantages in disaster 
situations, including evacuating residents, transporting first 
responders and equipment to assist disaster relief efforts, and 
often responding to people who lack alternative modes of 
transportation, such as those who rely on public 
transportation. Further, it is helpful for transporting 
individuals that need special assistance due to medical 
conditions or hospitalization. Finally, it is sometimes the 
only mode available to transport people and equipment medium- 
and long-distances in a timely manner.
    The Honorable Ray Nagin, the Mayor of New Orleans, 
testified that passenger rail is a critical component of the 
City's evacuation planning, and urged Congress to support full 
funding for Amtrak. Dr. John Bertini, a witness who assisted 
with the evacuation of New Orleans following Hurricane Katrina, 
testified that intercity passenger rail allows evacuees to be 
cared for while rapidly fleeing danger under the care of a 
small number of crew. The Southern Rapid Rail Transit 
Commission testified that while intercity passenger rail is an 
important resource for evacuation, its greatest contribution 
comes in the post-disaster recovery phase for displaced 
residents.

                    Investment in the Rail Industry

    On March 5, 2008, the Subcommittee held a hearing on Wall 
Street investment trends in the railroad industry. In recent 
years, the railroad industry, and in particular the Class I 
railroads, have become attractive investments for Wall Street. 
In 2006, Atticus Capital, an activist hedge fund, publicly 
filed as a major shareholder of the Union Pacific (``UP''), 
CSX, Norfolk Southern (``NS''), and BNSF railroads. In February 
2007, a private equity firm, Fortress Investment Group, 
completed a buyout of short line rail service provider 
RailAmerica. In April 2007, Warren Buffett purchased an 11 
percent equity stake in BNSF, as well as holdings in NS and UP. 
A few weeks later, CSX reported that activist shareholder the 
Children's Investment Fund had purchased a 2.5 percent interest 
in CSX. This activity continued in 2008, with Mr. Buffett 
increasing his equity stake in BNSF to 18 percent. The 
Children's Investment Fund also increased its interest in CSX 
and nominated an alternate slate of directors to the CSX Board 
that was decided at its May 2008 Annual Shareholder meeting.
    Railroads are an attractive investment for a number of 
reasons. First, railroads are currently enjoying greater 
pricing power than at any other time since passage of the 
Staggers Act of 1980. Second, after losing market share to 
highways for more than 40 years, railroads are regaining market 
share due to increased congestion, higher fuel prices, and off-
shore manufacturing. Third, the railroads have realized 
enormous operational improvements. The railroads are also 
benefitting from growth trends in both coal and ethanol. 
Finally, the railroads have enjoyed increased cash flow from 
its operations.
    The Chairman of the Surface Transportation Board, who 
testified at the hearing, acknowledged that a dominant investor 
with a very short-term focus could harm the long-term prospects 
of a particular company as well as disrupt interstate commerce 
if a policy of diverting revenues, neglecting shippers, and 
cutting back on capital spending were to be implemented. A 
railroad controlled by a large non-railroad investor, however, 
is still bound by the same obligations of all railroads: it 
must fulfill the common carrier obligation; it must maintain 
reasonable rates and practices; and it must file for 
abandonment or discontinuance authority if it is not going to 
provide service over a line. The Vice Chair of the Surface 
Transportation Board, who also testified at the hearing, 
observed that investment horizons for Wall Street and for a 
railroad are often different: a ``long-term'' investment for a 
private equity firm may be five years while five years may be a 
short period of time in the rail industry.

                             Rail Capacity

    On April 23, 2008, the Subcommittee held a hearing to 
examine current and projected demand on the nation's freight, 
intercity passenger, and commuter rail infrastructure. Freight 
railroads move more than 40 percent of the nation's freight 
(measured in ton-miles). In 2007, Amtrak, the nation's primary 
intercity passenger rail provider, moved 25.8 million 
passengers while the nation's 22 commuter rail providers had 
460 million trips in 2007.
    It is uncertain the extent that demand for rail service 
will grow in the future, but two recent studies suggest that 
this demand will be significant. The American Association of 
State Highway and Transportation Officials report that even 
moderate growth projections in the economy will result in a 57 
percent increase in domestic tonnage by 2020 and import-export 
tonnage will increase by 100 percent. A more aggressive 
projection by the bipartisan National Surface Transportation 
Policy and Revenue Study Commission (``Commission'') predicts 
U.S. economic output will lead to an increase of the total 
freight movements by 92 percent over the next 30 years.
    These projected increases in freight traffic will also act 
to the detriment of intercity passenger rail and commuter rail 
services. A majority of Amtrak's intercity passenger rail 
service operates over freight rail networks outside the 
Northeast Corridor (``NEC''). Freight congestion negatively 
affects these services. For example, Amtrak reports that 
approximately 80 percent of delay minutes experienced by Amtrak 
trains operating outside of the NEC are the result of host 
railroad issues. Finally, Amtrak reports that host railroad 
delays are increasing dramatically, up 50 percent during the 
five years from the first half of FY 2002 to the first half of 
FY 2007.
    The nation's 22 commuter rail service providers also rely 
heavily upon freight rail infrastructure to run service. Rail 
transit services exist in more than 50 metropolitan areas and 
small cities, and the number grows annually. The American 
Public Transportation Association states that transit ridership 
has grown more than 30 percent since 1995, and is outpacing 
both the nation's population growth and the growth in the use 
of the nation's highways. Each weekday, 34 million trips are 
made on public transportation.
    At the hearing, the President and CEO of Amtrak testified 
that the two principle causes of Amtrak's poor on-time 
performance are interference with Amtrak trains by freight 
trains and ``slow orders'' on freight track. A recent DOT IG 
report calculated that an 85 percent OTP for Amtrak would have 
resulted in an increase in revenue of $136.6 million in FY 
2006. Cambridge Systematics, which prepared the study for the 
Commission, testified that to meet projected freight rail 
demand, the Class I railroads will need to increase their 
infrastructure investment from the current average of $1.5 
billion per year to at least $4.8 billion per year through 
2035. Cambridge Systematics concluded that the Class I 
railroads could increase their annual infrastructure expansion 
investment to $3.4 billion, leaving a $1.4 billion shortfall 
that would need to be made up from other sources. The President 
of the Association of American Railroads recommended that 
Congress pass the Rail Infrastructure Tax Credit, the Short 
Line Tax Credit, and support Public-Private Partnerships to 
make up this investment shortfall.

Amtrak Reauthorization (the ``Passenger Rail Investment and Improvement 
                               of 2008'')

    On May 14, 2008, the Subcommittee held a hearing to receive 
testimony on Amtrak reauthorization legislation, H.R. 6003, the 
Passenger Rail Investment and Improvement Act of 2008. In 1997, 
Congress reauthorized Amtrak for the five-year period from FY 
1997 to FY 2002 at a total funding level of $5.16 billion. This 
authorization provided only enough funding for Amtrak to 
continue operations, but little more to improve its 
infrastructure or bring its network to a state-of-good-repair.
    Since the last authorization expired in 2002, numerous 
bills were introduced in the 107th, 108th, and 109th Congresses 
to reauthorize Amtrak. The Committee on Transportation and 
Infrastructure reported several bills to reauthorize Amtrak. 
Despite strong bipartisan support in the Committee for Amtrak 
reauthorization, none of the bills were considered by the full 
House of Representatives. Since the last authorization expired 
in 2002, the Subcommittee and its predecessor subcommittees 
have held 11 hearings on Amtrak.
    H.R. 6003 substantially increases capital and operating 
grants to Amtrak. It includes an average of $1.34 billion per 
year in capital grants for a new state grant program and for 
Amtrak's capital needs and $606 million per year in Amtrak 
operating grants. It also provides $350 million per year to 
develop high-speed rail corridors.
    At the hearing, Wisconsin's Secretary of Transportation 
testified that the Federal funding authorized by H.R. 6003 over 
the next five years will ensure a sound financial foundation 
for Amtrak operations in the Northeast Corridor, for Amtrak's 
long-distance trains, and for Amtrak partnerships with states 
in regional corridors. The President and CEO of Amtrak 
testified that the bill was a strong statement of support for 
Amtrak and intercity passenger rail.

           Historic Preservation of Railroads and Facilities

    On June 5, 2008, the Subcommittee held a hearing to examine 
the effects of Federal historic preservation requirements on 
the development of rail infrastructure, to determine whether 
Federal requirements for the preservation of historic sites are 
creating unnecessary delays and administrative burdens for 
improvements to rail infrastructure, and whether there is a 
need for legislation to change the historic preservation 
process.
    In general, protected sites are those sites that are listed 
in the National Register of Historic Places, or sites which are 
eligible for listing (i.e., sites which are unlisted but meet 
the criteria for listing). The National Register is maintained 
by the National Park Service. Ordinarily, a site must be more 
than 50 years old to be eligible for listing. The criteria for 
listing include an association with significant historical 
events or lives of historically significant persons, embodying 
``distinctive characteristics of a type, period, architectural 
style or method of construction, or that represent the work of 
a master designer, possessing high artistic values, or that 
representing a significant and distinguishable entity whose 
components may lack individual distinction.'' According to the 
National Trust, there are 19 corridors or entire railroads 
listed in the National Register of Historic Places.
    At the hearing, the Alaska Railroad and the North Carolina 
Department of Transportation (``NC DOT'') urged Congress to 
modify the laws governing historic preservation for railroads. 
The Alaska Railroad testified that Alaska's SHPO has contended 
that the entire 450-mile Alaska Railroad is a historic site, 
which has required historic preservation procedures for 
individual facilities which do not merit protection on their 
own. The NC DOT testified that the NC SHPO has sought to 
designate the entire corridor between Raleigh and the state 
line as a historical site, and this has necessitated additional 
costs to its project schedule. The Trust testified that 
administrative remedies are available to the Alaska Railroad 
and to the NC DOT to streamline the processing of historically 
insignificant features of large historic sites, such as rail 
corridors. The Trust defended the appropriateness of listing 
entire corridors in the Register. They asserted that corridors 
have ``a historical significance independent of the rail ties, 
structure, signage and signals that comprise it.''

Implementation of the Pipeline Inspection, Protection, Enforcement and 
                           Safety Act of 2006

    On June 25, 2008, the Subcommittee held a hearing to 
examine the implementation of the Pipeline Inspection, 
Protection, Enforcement and Safety Act of 2006 (``PIPES Act''). 
The Pipeline and Hazardous Materials Safety Administration 
(``PHMSA'') is charged with the safe and secure movement of 
almost one million daily shipments of hazardous materials by 
all modes of transportation. The agency oversees the nation's 
2.2 million miles of gas and hazardous liquid pipelines, which 
account for 64 percent of the energy commodities consumed in 
the United States.
    The PIPES Act of 2006 reauthorized the pipeline safety 
program through the end of FY 2010. It required the Department 
of Transportation to promulgate a rulemaking to ensure that all 
low-stress hazardous liquid pipelines are subject to the same 
standards and regulations as other hazardous liquid pipelines. 
It also strengthened PHMSA's authority to order pipeline 
operators to take corrective action to remedy a condition that 
poses a threat to public safety, property, or the environment. 
The Act required operators of natural gas distribution 
pipelines to implement a pipeline integrity management program 
with the same or similar integrity management elements as 
hazardous liquid and natural gas transmission pipelines. 
Further, the law provides PHMSA with new civil authority to 
enforce one-call notification laws against excavators and 
pipeline owners and operators if a state's enforcement of one-
call notification requirements is deemed inadequate.
    The Administrator of PHMSA testified that it had taken 
action on almost every section, from improving data, to setting 
standards, to more robust and transparent enforcement. However, 
the Administrator acknowledged that PHMSA had not fully 
implemented the PIPES Act, including a final rule on low-stress 
pipelines, a rule on integrity management programs for 
distribution pipelines, and a final rule on control room 
management. The DOT IG made the following observations:
    PHMSA and Transportation Security Administration (``TSA'') 
have made progress toward implementing the security annex, but 
challenges remain. Implementing the annex is important because 
it includes program elements such as identifying critical 
infrastructure and key resources and developing security 
regulations, guidelines, and directives.
    There is a lack of clearly defined roles at the working 
level between PHMSA and TSA regarding compliance with security 
guidance. Because TSA's guidance is voluntary and PHMSA can 
enforce its LNG security regulations, pipeline operators may 
receive conflicting or confusing guidance as a result. The DOT 
IG recommended that PHMSA and TSA should take steps to address 
these concerns.
    Finally, the DOT IG recommended that PHMSA and TSA should 
maximize their resources for assessing pipeline operators' 
security plans and guidance. The Assistant Administrator for 
TSA acknowledged that TSA needed to work more closely with 
PHMSA in meeting its obligations under the law.

   SUMMARY OF ACTIVITIES FOR THE SUBCOMMITTEE ON WATER RESOURCES AND 
                              ENVIRONMENT

    During the 110th Congress the Subcommittee on Water 
Resources and Environment, chaired by Representative Eddie 
Bernice Johnson, with Representative John Boozman serving as 
Ranking Member, held 24 hearings (172 witnesses and 
approximately 56 hours), and one roundtable, covering the 
issues within the jurisdiction of the Subcommittee. The 
Committee on Transportation and Infrastructure also approved 51 
Committee Resolutions authorizing studies by the Corps of 
Engineers of potential water resources projects.
    The Committee developed several major legislative 
proposals, including the Water Resources Development Act of 
2007, the Water Quality Financing Act of 2007, the Sewage 
Overflow Community Right-to-Know Act, the Beach Protection Act 
of 2007, and the Great Lakes Legacy Reauthorization Act of 
2008.
    The following bills and resolutions were enacted in the 
110th Congress:
          Public Law 110-114, the Water Resources Development 
        Act of 2007;
          Public Law 110-365, the Great Lakes Legacy 
        Reauthorization Act of 2008;
          Public Law 110-288, the Clean Boating Act of 2008;
          Public Law 110-299, A bill to clarify the 
        circumstances during which the Administrator of the 
        Environmental Protection Agency and applicable States 
        may require permits for discharges from certain 
        vessels, and to require the Administrator to conduct a 
        study of discharges incidental to the normal operation 
        of vessels;
          Public Law 110-263, to redesignate Lock and Dam No. 5 
        of the McClellan-Kerr Arkansas River Navigation System 
        near Redfield, Arkansas, authorized by the Rivers and 
        Harbors Act approved July 24, 1946, as the ``Colonel 
        Charles D. Maynard Lock and Dam'';
          Public Law 110-274, to amend the Water Resources 
        Development Act of 2007 to clarify the authority of the 
        Secretary of the Army to provide reimbursement for 
        travel expenses incurred by members of the Committee on 
        Levee Safety;
          Public Law 110-246, Food, Conservation and Energy Act 
        of 2008;
          H. Res. 354, recognizing 2007 as the official 50th 
        anniversary celebration of the beginnings of marinas, 
        power production, recreation, and boating on Lake 
        Sidney Lanier, Georgia;
          H. Res. 725, recognizing the 35th anniversary of the 
        Clean Water Act, and for other purposes;
          H. Res. 832, honoring the Texas Water Development 
        Board on its selection of the Environmental Protection 
        Agency's 2007 Clean Water State Revolving Fund 
        Performance and Innovation Award;
          H. Res. 845, recognizing the 60th anniversary of 
        Everglades National Park and dedicates the House of 
        Representatives to the success of the Comprehensive 
        Everglades Restoration Plan;
          H. Res. 1224, commending the Tennessee Valley 
        Authority on its 75th anniversary;
          H. Res. 1376, commemorating the 80th anniversary of 
        the Okeechobee Hurricane of September 1928 and its 
        associated tragic loss of life; and
          U.S. Army Corps of Engineers Survey Resolutions. The 
        Committee on Transportation and Infrastructure adopted 
        51 U.S. Army Corps of Engineers Survey Resolutions.
    Other bills and resolutions that passed the House include:
          H.R. 720, the ``Water Quality Financing Act of 
        2007'';
          H.R. 569, the ``Water Quality Investment Act of 
        2007'';
          H.R. 2537, the ``Beach Protection Act of 2007'';
          H.R. 2452, the ``Sewage Overflow Community Right-to-
        Know Act'';
          H.R. 700, the ``Healthy Communities Water Supply Act 
        of 2007'';
          H.R. 5511, the Leadville Mine Drainage Tunnel 
        Remediation Act of 2008''; and
          H. Con. Res. 187, expressing the sense of Congress 
        Regarding the Dumping of industrial waste into the 
        Great Lakes.
    In addition, on June 4, 2008, the Committee reported H.R. 
135, the ``Twenty-First Century Water Commission Act of 2007'', 
favorably to the House. No further action was taken on this 
legislation. On June 4, the Committee also reported H.R. 5770, 
to provide for a study by the National Academy of Sciences of 
potential impacts of climate change on water resources and 
water quality, favorably to the House. No further action was 
taken on this legislation.

                   Public Laws and House Resolutions

                Water Resources Development Act of 2007

                           Public Law 110-114

                              (H.R. 1495)

                            November 9, 2007

    The Water Resources Development Act of 2007 (P.L. 110-114) 
(``WRDA 2007'') authorizes approximately $23 billion projects 
and studies for the U.S. Army Corps of Engineers within its 
existing missions of flood damage reduction, navigation, 
environmental restoration, water supply, hydropower, and 
environmental infrastructure. In particular, WRDA authorizes 51 
Reports of the Chief of Engineers, including eight projects for 
navigation, 16 projects for environmental restoration, eight 
projects for shore protection and hurricane and storm damage 
reduction, ten projects for flood control, and eight multi-
purpose projects.
    This law includes 138 projects under the Corps of Engineers 
continuing authorities programs. These programs are statutory 
authorities for small flood damage reduction, environmental 
restoration, navigation, shoreline stabilization, and projects 
for improvement of the environment. It authorizes approximately 
100 studies for the Corps of Engineers, covering the Corps' 
purposes of flood control, navigation, recreation, ecosystem 
restoration, and water supply.
    In addition, this law modifies approximately 160 existing 
projects of the Corps of Engineers to allow the Corps to meet 
the needs of the nation with respect to ongoing flood control, 
navigation, environmental restoration, and multipurpose 
projects.
    WRDA 2007 authorizes approximately 400 new projects for the 
Corps of Engineers, including projects for navigation, flood 
control, environmental restoration, recreation, and 
environmental infrastructure. It also authorizes and modifies 
three critical programs for the restoration of coastal 
Louisiana, the restoration of the Florida Everglades, and the 
restoration of the Upper Mississippi River and Illinois 
Waterway System.
    WRDA 2007 also includes important policy provisions that 
address concerns with the Corps' existing study, design, 
review, and mitigation processes. These provisions reflect 
changes that have been identified in the past several years and 
were highlighted by some of the problems discovered as a result 
of Hurricane Katrina.
    First, WRDA 2007 directs the Corps to undertake Independent 
Peer Review of the technical aspects of project planning when 
certain cost thresholds are met, a Governor of an affected 
state requests it, or if the Chief of Engineers determines that 
the project will be controversial. The Independent Peer Review 
provision creates an important tool to ensure that the best 
projects are designed and implemented.
    In addition, WRDA 2007 directs the Corps to update its 
primary guidance document, the Principles and Guidelines 
(``P&G''). With an updated P&G, the Corps will be able to 
better capture the needs of modern infrastructure projects 
including ecosystem needs along with important infrastructure.
    Finally, WRDA 2007 ensures that necessary infrastructure 
projects are not built at the expense of our natural 
environment but will include complete, timely, and appropriate 
mitigation for environmental impacts.
    H.R. 1495 passed the House of Representatives on April 19, 
2007, and became law on November 9, 2007, after a successful 
override of the President's veto.

             Great Lakes Legacy Reauthorization Act of 2008

                           Public Law 110-365

                              (H.R. 6460)

                            October 8, 2008

    The Great Lakes Legacy Reauthorization Act of 2008 (P.L. 
110-365) amends the Federal Water Pollution Control Act to 
reauthorize appropriations through fiscal year 2010 for 
projects aimed at the cleanup of contaminated sediment in the 
Great Lakes areas of concern.
    In addition, the law amends section 118(c) of the Federal 
Water Pollution Control Act to allow sediment remediation 
funding to be used to address aquatic habitat restoration, 
provided that this restoration activity is related to a project 
for the remediation of contaminated sediment. It also 
authorizes the Administrator of the Environmental Protection 
Agency to conduct the initial site assessments for potential 
remediation projects within the areas of concern at Federal 
expense.
    Finally, the law explicitly authorizes non-Federal sponsors 
to credit the value of certain in-kind contributions towards 
the non-Federal share of the cost of eligible sediment 
remediation projects, and reauthorizes appropriations for an 
existing research and development program for innovative 
sediment remediation technologies at current levels through 
2010.

                       Clean Boating Act of 2008


                           Public Law 110-288


                          (S. 2766/H.R. 5949)


                             July 29, 2008

    The Clean Boating Act of 2008 (P.L. 110-288) provides a 
targeted exemption under the Clean Water Act for discharges 
incidental to the normal operations of recreational vessels. It 
defines a recreational vessel as ``any vessel that is * * * 
manufactured or used primarily for pleasure, or * * * leased, 
rented, or chartered to a person for the pleasure of that 
person.'' The definition of recreational vessel specifically 
excludes a vessel ``subject to Coast Guard inspection that * * 
* is engaged in commercial use, or * * * carries paying 
passengers.''
    This law also directs the Administrator of the 
Environmental Protection Agency to develop ``reasonable and 
practicable'' management practices to mitigate the adverse 
impacts of discharges from a recreational vessel that are 
exempted by this Act. It also requires the Administrator, in 
consultation with the Secretary of the department in which the 
Coast Guard is operating, the Secretary of Commerce, and the 
heads of other interested Federal agencies to develop 
performance standards for management practices based on the 
class, type, and size of the vessel.

  To Clarify the Circumstances During Which the Administrator of the 
   Environmental Protection Agency and Applicable States May Require 
    Permits for Discharges From Certain Vessels, and To Require the 
Administrator to Conduct a Study of Discharges Incidental to the Normal 
                          Operation of Vessels


                           Public Law 110-299


                          (S. 3298/H.R. 6556)


                             July 31, 2008

    This law provides a two year moratorium from the permitting 
requirements of section 402 of the Clean Water Act for certain 
discharges incidental to the normal operation of vessels less 
than 79 feet in length and fishing vessels (as defined in 
section 2101 of title 46, United States Code) regardless of the 
length of the vessel. The law defines the types of discharges 
that shall not require a permit during the two-year period as: 
``any discharge of effluent from properly functioning marine 
engines,'' ``any discharge of laundry, shower, and galley sink 
wastes,'' or ``any other discharge incidental to the normal 
operation of a covered vessel.''
    The law also directs the Administrator of the Environmental 
Protection Agency, in consultation with the Secretary of the 
department in which the Coast Guard is operating and the heads 
of other interested Federal agencies, to conduct a study to 
evaluate the impacts of certain discharges incidental to the 
normal operation of a vessel. The law directs the Administrator 
to publicly release a draft report on the study for comment, 
and submit a final report on its findings to the authorizing 
Committees of the House and Senate within 15 months of the date 
of enactment.

To Redesignate Lock and Dam No. 5 of the McClellan-Kerr Arkansas River 
Navigation System Near Redfield, Arkansas, Authorized by the Rivers and 
Harbors Act Approved July 24, 1946, as the ``Colonel Charles D. Maynard 
                             Lock and Dam''


                           Public Law 110-263


                               (H.R. 781)


                             July 15, 2008

    This law redesignates Lock and Dam number five of the 
McClellan-Kerr Arkansas River Navigation System as the 
``Colonel Charles D. Maynard Lock and Dam''. Colonel Charles D. 
Maynard graduated from the United States Military Academy at 
West Point in 1941, after which he was commissioned in the 
Coast Artillery and later transferred to the Corps of 
Engineers. Colonel Maynard was the District Engineer of the 
Little Rock Engineer District, where he oversaw all aspects of 
the creation of the McClellan-Kerr Arkansas River Navigation 
System, which, at the time, was the largest civil works project 
ever undertaken by the Corps of Engineers.
    This law honors his life and achievements, and recognizes 
his important contributions to Civil Works.

  To amend the Water Resources Development Act of 2007 To Clarify the 
  Authority of the Secretary of the Army To Provide Reimbursement for 
  Travel Expenses Incurred by Members of the Committee on Levee Safety


                           Public Law 110-274


                              (H.R. 6040)


                             July 15, 2008

    This law amends section 9003 the Water Resources 
Development Act of 2007 to condition reimbursement for travel 
expenses incurred by members of the Committee on Levee Safety 
on the availability of appropriations.

               Food, Conservation, and Energy Act of 2008


                           Public Law 110-246


                              (H.R. 6124)


                             June 18, 2008

    The Food, Conservation, and Energy Act of 2008 (P.L. 110-
246) includes two provisions within the jurisdiction of the 
Subcommittee on Water Resources and Environment. Section 2605 
directs the Secretary of Agriculture to assist in the 
implementation of conservation activities on agricultural lands 
in the Chesapeake Bay watershed. Section 2803 authorizes 
appropriations for the Natural Resources Conservation Service 
Small Watershed Rehabilitation Program through fiscal year 
2012.

 Recognizing the 2007 as the Official 50th Anniversary Celebration of 
the Beginnings of Marinas, Power Production, Recreation, and Boating on 
                      Lake Sidney Lanier, Georgia


                             (H. Res. 354)


                             June 11, 2007

    H. Res. 354 recognizes the 50th anniversary celebration of 
the beginnings of marinas, power production, recreation and 
boating on Lake Sidney Lanier, Georgia. This resolution 
celebrates the creation of Lake Sidney Lanier and Buford Dam 
which, today, hosts more than eight million visitors annually 
who enjoy boating, fishing swimming and other recreation at the 
lake.

Recognizing the 35th Anniversary of the Clean Water Act, and for Other 
                                Purposes


                             (H. Res. 725)


                            October 16, 2007

    H. Res. 725 recognizes the 35th anniversary of the Federal 
Water Pollution Control Act (commonly known as the ``Clean 
Water Act'') and recommits the House of Representatives to 
restoring and maintaining the chemical, physical, and 
biological integrity of the nation's waters in accordance with 
the goals and objectives of the Clean Water Act. This 
resolution renews the Congressional commitment to restoring and 
protecting the Nation's rivers, lakes, streams, marine waters, 
and wetlands for future generations.

  Honoring the Texas Water Development Board on Its Selection of the 
Environmental Protection Agency's 2007 Clean Water State Revolving Fund 
                    Performance and Innovation Award


                             (H. Res. 832)


                            January 18, 2008

    H. Res. 832 honors the Texas Water Development Board as a 
2007 recipient of the Environmental Protection Agency's 
Performance and Innovation in the SRF Creating Environmental 
Success Award. This resolution also recognizes the importance 
of adequate investment and management of water resources in 
sustainable development, including environmental integrity and 
human health and overall quality of life.

   Recognizing the 60th Anniversary of Everglades National Park and 
     Dedicates the House of Representatives to the Success of the 
               Comprehensive Everglades Restoration Plan


                             (H. Res. 845)


                             March 4, 2008

    H. Res. 845 recognizes the celebration of the 60th 
Anniversary on December 6, 2007. The Florida Everglades 
ecosystem consists of 3 million acres of wetlands and is home 
to rare and endangered species. The Florida Everglades 
ecosystem is also an essential component of the Comprehensive 
Everglades Restoration Plan, authorized in the Water Resources 
Development Act of 2000. H. Res. 845 signifies the dedication 
of the House to the success of the Comprehensive Everglades 
Restoration Plan.

   Commending the Tennessee Valley Authority on Its 75th Anniversary


                             (H. Res. 1224)


                           September 29, 2008

    H. Res. 1224 commends the Tennessee Valley Authority 
(``TVA'') on its 75th anniversary and recognizes TVA's history 
of service in the areas of energy, the environment, economic 
development in the Tennessee Valley, and management of the 
Tennessee River system.

   Commemorating the 80th Anniversary of the Okeechobee Hurricane of 
         September 1928 and Its Associated Tragic Loss of Life


                             (H. Res. 1376)


                           September 24, 2008

    H. Res. 1376 commemorates the 80th anniversary of the 
Okeechobee Hurricane of 1928, recognizes the tragic loss of 
life which resulted from the hurricane, and urges the Federal 
Government and state and local governments to take appropriate 
actions to encourage hurricane and disaster preparedness, 
education, response, and mitigation.

            U.S. Army Corps of Engineers Survey Resolutions

    The Committee on Transportation and Infrastructure adopted 
51 U.S. Army Corps of Engineers Survey Resolutions.

                           Other Legislation


                  Water Quality Financing Act of 2007


                               (H.R. 720)


                   Passed the House on March 9, 2007

    H.R. 720, the ``Water Quality Financing Act of 2007'', 
authorizes $14 billion in Federal grants over four years to 
capitalize Clean Water State Revolving Funds. It increases 
investment in wastewater infrastructure and is intended to 
reduce local costs associated with construction and maintenance 
of adequate wastewater systems.
    In an effort to meet the nation's increasing wastewater 
needs, this legislation provides assistance to communities that 
meet a state's affordability criteria, and for individual 
ratepayers that will experience significant hardship from 
potential rate increases. It requires States to dedicate a 
portion of their funding to provide additional subsidization 
for disadvantaged communities that are most often in need of 
improved wastewater treatment facilities.
    The bill encourages communities to consider alternative and 
innovative technologies that provide greater environmental 
benefits, and establishes water quality benefits as a primary 
criterion for determining which projects will receive funding.
    H.R. 720 also reaffirms the requirement that workers on 
treatment works projects constructed with assistance from the 
state revolving funds will be paid not less than prevailing 
wages in that area, as determined under the Davis-Bacon Act.

                  Water Quality Investment Act of 2007


                               (H.R. 569)


                   Passed the House on March 7, 2007

    H.R. 569, the ``Water Quality Investment Act of 2007'', 
amends the Federal Water Pollution Control Act to authorize 
appropriations for sewer overflow control grants to 
municipalities and States to control combined sewer overflows 
(``CSOs'') and sanitary sewer overflows (``SSOs''). CSOs and 
SSOs are overflows of untreated waste that occur during wet 
weather events as a result of decayed wastewater infrastructure 
and present significant public health and safety concerns.
    This legislation amends section 221 of the Act to authorize 
$1.71 billion over five years in grant funding to address CSOs 
and SSOs. It also makes other changes to section 221 to update 
the authority, and to allow for the Administrator of the 
Environmental Protection Agency (``EPA'') to make such grants 
directly to municipalities.

                      Beach Protection Act of 2007


                              (H.R. 2537)


                   Passed the House on April 16, 2007

    H.R. 2537, the Beach Protection Act of 2007, amends the 
Federal Water Pollution Control Act to reauthorize 
appropriations for the Beaches Environmental Assessment and 
Coastal Health (``BEACH'') Act through fiscal year 2012, and 
makes programmatic changes to state coastal recreation water 
quality monitoring and notification programs.
    Originally authorized in 2000 at an annual level of $30 
million, this legislation increases authorization levels to $40 
million in appropriations annually for the Environmental 
Protection Agency's BEACH program, and assists in providing 
grants to states along the coasts and Great Lakes for state and 
local recreational water monitoring and notification programs.
    This legislation also clarifies state and local authorities 
for notifying the public when coastal waters are likely 
contaminated and present a potential threat to human health. It 
mandates that the public must be notified with 24-hours of the 
results of contaminated water quality sample.
    It requires that the Administrator of the Environmental 
Protection Agency conducts an annual review of implementation 
of the BEACH Act by state and local governments, and takes 
corrective action for state and local governments that are not 
in compliance with the BEACH Act requirements and requires the 
Government Accountability Office to review and report on EPA's 
administration of the BEACH Act.

              Sewage Overflow Community Right-to-Know Act


                              (H.R. 2452)


                   Passed the House on June 23, 2008

    H.R. 2452, the ``Sewage Overflow Community Right-to-Know 
Act'', amends the Clean Water Act to provide a uniform, 
national standard for public notification of both combined 
sewer overflows and sanitary sewer overflows. The bill requires 
owners and operators of publicly owned treatment works to 
provide timely notification to Federal and state agencies, 
public health officials, and the public of sewer overflows. 
Specifically, this legislation requires municipalities to 
develop and implement technologies to alert the treatment works 
in the event of a sewer overflow, to notify the public in any 
area where the overflow has the potential to affect public 
health, to immediately notify public health authorities and 
other affected entities of overflows that may imminently and 
substantially endanger human health, and to provide the 
appropriate Federal and state agencies with information on the 
magnitude, duration, and suspected cause of the overflow, as 
well as actions necessary to avoid future overflows.
    This legislation authorizes funds from the Clean Water 
State Revolving Fund to be used to monitor, report, and notify 
the public of combined sewer overflows and sanitary sewer 
overflows.

              Healthy Communities Water Supply Act of 2007


                               (H.R. 700)


                   Passed the House on March 8, 2007

    H.R. 700, the ``Healthy Communities Water Supply Act of 
2007'', reauthorizes appropriations for section 220 of the 
Clean Water Act for Environmental Protection Agency grants for 
alternative water source projects to develop or provide water 
for municipal and industrial or agricultural uses in areas that 
are experiencing critical water supply needs.
    In 2000, Congress amended the Clean Water Act to add 
section 220. Section 220 authorized appropriations for fiscal 
years 2002 through 2004 for EPA to make such grants. This 
authorization has expired.
    This legislation reauthorizes appropriations for section 
220 of the Clean Water Act to authorize a total of $125 million 
for EPA grants for alternative water source projects. There is 
no fiscal year limitation on the authorization of 
appropriations.

         Leadville Mine Drainage Tunnel Remediation Act of 2008


                              (H.R. 5511)


                   Passed the House on April 16, 2008

    H.R. 5511, the ``Leadville Mine Drainage Tunnel Remediation 
Act of 2008'', directs the Secretary of the Interior to remedy 
problems caused by a collapsed drainage tunnel in Leadville, 
Colorado. The Committee on Transportation and Infrastructure 
was granted a referral on the bill.

 Expressing the Sense of Congress Regarding the Dumping of Industrial 
                       Waste into the Great Lakes


                           (H. Con. Res. 187)


                   Passed the House on July 25, 2007

    H. Con. Res. 187, expressing the sense of Congress 
regarding the dumping of industrial waste into the Great Lakes, 
restores the commitment of Congress to protect and restore the 
environmental integrity of the Great Lakes. In addition, this 
resolution expresses the sense of Congress that the United 
States Environmental Protection Agency should not allow 
increased dumping of chemicals and other pollutants into the 
Great Lakes. The resolution passed the House on July 25, 2007.

           Twenty-First Century Water Commission Act of 2007


                               (H.R. 135)


            Reported Favorably to the House on June 4, 2008

    H.R. 135, the ``Twenty-First Century Water Commission Act 
of 2007'', establishes a commission to provide for water 
assessments to project future water supply and demand, review 
current water management programs at each level of government, 
and develop recommendations for a comprehensive water strategy, 
and authorizes $9 million to carry out these functions. The 
Twenty-First Century Water Commission would consist of nine 
non-Federal members, appointed by the President, the Speaker of 
the House, and the Majority Leader of the Senate.
    Specifically, H.R. 135 requires that the recommendations 
developed by the Commission must: (1) respect the rights of 
States in regulating water rights and uses; (2) identify 
incentives to ensure a dependable water supply for the nation 
over the next 50 years; (3) suggest strategies to avoid 
unfunded mandates; (4) eliminate duplication among Federal 
agencies of jurisdiction; (5) consider all available 
technologies; (6) make recommendations for capturing excess 
water and flood water for conservation and subsequent use in 
times of drought; (7) develop financing options for public 
works projects; and (8) suggest strategies to conserve existing 
water supplies and repairs to infrastructure. The Commission 
may consider other objectives related to the effective 
management of the water supply to ensure reliability, 
availability, and quality which the Commission considers 
appropriate.
    The Commission would issue interim reports every six months 
and a final report within three years of the date of enactment. 
After issuing its final report, the Commission would cease to 
exist.

To Provide for a Study by the National Academy of Sciences of Potential 
     Impacts of Climate Change on Water Resources and Water Quality


                              (H.R. 5770)


            Reported Favorably to the House on June 4, 2008

    H.R. 5770 directs EPA to enter into an arrangement with the 
National Academy of Sciences to convene a panel to study the 
potential impacts of global climate change to Federal Clean 
Water programs. Climate change may impact water quality, 
quantity, and infrastructure. In turn, these impacts may affect 
EPA's ability to ensure progress under statutes like the Clean 
Water Act.
    This legislation calls for the National Academy of Sciences 
to prepare a two-part study. The first part would consist of an 
analysis of the impacts of climate change on hydrology and 
water quality, including an identification of regional 
variation of precipitation events that will impact watersheds, 
water resources, and water quality. The second part would 
assess the effects of climate change on implementation of the 
Clean Water Act. This study will enable EPA to develop and, if 
necessary, modify policies to effectively respond to climate 
change impacts on the nation's aquatic resources.
    A report of the findings of this study shall be submitted 
to the Committee on Transportation and Infrastructure and the 
Committee on Environment and Public Works of the Senate two 
years after the date of enactment.
    H.R. 5770 authorizes $1.5 million for this study.

                                Hearings

    During the 110th Congress, the Subcommittee on Water 
Resources and Environment held 24 hearings.

     The Need for Renewed Investment in Clean Water Infrastructure

    On January 19, 2007, the Subcommittee held a hearing on the 
need for renewed investment in wastewater infrastructure 
pursuant to the Clean Water Act. Representatives of Federal, 
state, and local governments, and other stakeholders, focused 
on the nation's wastewater infrastructure needs and the 
importance of a renewed commitment to addressing these needs.
    High quality wastewater treatment is critical to protecting 
human health and the environment. However, according to a 2000 
EPA report, entitled ``Progress in Water Quality'', ``without 
continued improvements in wastewater treatment infrastructure, 
future population growth will erode away many of the Clean 
Water Act achievements in effluent loading reduction.'' In its 
2004 Clean Watersheds Needs Survey, EPA identified $202.5 
billion in total publicly owned treatment works needs for the 
nation over 20 years. This water-related infrastructure 
investment need was also recognized by the Congressional Budget 
Office, which estimated that there is an annual investment need 
of between $13 billion and $20.9 billion in wastewater 
treatment. Given current funding levels from all sources, there 
is an annual investment gap for wastewater infrastructure of 
between $3 billion and $11 billion.
    While the demand for the Clean Water State Revolving Fund 
(``Clean Water SRF'') funds is increasing, appropriations have 
declined significantly. This has created a pent-up demand in 
States for project funding. Needs are driven by new treatment 
requirements that must be met (e.g., to address nutrient 
loadings through additional treatment, sewer overflows, 
stormwater, and nonpoint sources). In addition, aging 
infrastructure must be repaired, replaced, and modernized.

               Agency Budgets and Priorities for FY 2008

    On February 14, 2007, the Subcommittee held a hearing on 
the President's budget request for fiscal year 2008. Testimony 
was received from the U.S. Army Corps of Engineers, the 
Environmental Protection Agency, the U.S. Department of 
Agriculture's Natural Resources Conservation Service, the 
Tennessee Valley Authority, and the St. Lawrence Seaway 
Development Corporation on their proposed budgets for fiscal 
year 2008.

         Impact of Aquatic Invasive Species on the Great Lakes

    On March 7, 2007, the Subcommittee received testimony from 
representatives of the Environmental Protection Agency, the 
State of Michigan, the Great Lakes Commission, the City of 
Racine, Wisconsin, the Great Lakes and St. Lawrence Cities 
Initiative, the Little Traverse Bay Bands of Odawa Indians, 
academia, environmental groups, port facilities, and the power 
sector on the ``Impact of Aquatic Invasive Species on the Great 
Lakes''.
    Testimony centered on the deleterious effects to the 
aquatic environment resulting from the large numbers of 
invasive species--plants, animals, and micro-organisms--that 
have been, and are continuously being introduced into the Great 
Lakes. Not only do these non-native species impact indigenous 
ecosystems, they have negative effects on commerce and 
recreation. Because of the cultural, economic, and 
environmental importance of the Great Lakes, witnesses spoke of 
the need for both the public and private sectors to address 
aquatic invasive species. Widespread discussion also centered 
on the need to address the introduction of non-native aquatic 
nuisance species via a ballast water management regime.

  Nonpoint Source Pollution: Atmospheric Deposition and Water Quality

    On April 17, 2007, the Subcommittee received testimony from 
representatives of the Environmental Protection Agency, the 
State of Massachusetts, the Leech Lake Band of Ojibwe, the 
Chesapeake Bay Foundation, and academia on the impact of 
``Nonpoint Source Pollution: Atmospheric Deposition and Water 
Quality''.
    Atmospheric deposition is a process by which airborne 
pollutants settle directly onto the surface of a water body 
(``direct deposition''), or reach a water body indirectly 
through deposition onto land surfaces and subsequent run-off 
through wet weather events (``indirect deposition''). This 
hearing focused on the role of atmospheric deposition as a 
significant cause of water quality impairments, acidification 
of water bodies, and the toxic contamination of aquatic plants 
and animals. In addition to delivering excess and harmful 
levels of nutrients to water bodies, atmospheric deposition 
also results in the delivery of toxic substances, such as 
mercury. Witnesses noted that some pollutants can be 
transported over very long distances, while others, such as 
mercury, can also fallout very close to the source--impacting 
communities and water bodies in close proximity to the 
polluter. Testimony also noted significant gaps in monitoring 
networks that can track the extent of mercury and other forms 
of atmospheric deposition, as well as measure the effectiveness 
of control techniques.

 Nonpoint Source Pollution: The Impact of Agriculture on Water Quality

    On April 19, 2007, the Subcommittee received testimony from 
representatives from the Department of Agriculture's Natural 
Resources Conservation Service, the Environmental Protection 
Agency, the City of Waco, Texas, the American Water Works 
Association, academia, and environmental and agricultural 
organizations on ``Nonpoint Source Pollution: The Impact of 
Agriculture on Water Quality''.
    Agricultural runoff consists of pollutants (such as 
excessive nutrients and sediment) from farming and ranching 
that are picked up by rainfall and snowmelt and eventually 
deposited into water bodies. This runoff, a form of nonpoint 
source pollution, continues to be a problem impairing the 
nation's water bodies. The hearing discussion among Members of 
the Subcommittee and witnesses focused on the effectiveness of 
best management programs (e.g., stream buffers), regulatory 
programs, conservation funding, and increased research to 
address and reduce agricultural nonpoint sources of pollution.

             National Levee Safety and Dam Safety Programs

    On May 8, 2007, the Subcommittees on Water Resources and 
Environment and Economic Development, Public Buildings, and 
Emergency Management jointly received testimony regarding 
``National Levee Safety and Dam Safety Programs''. Witnesses 
included representatives from the U.S. Army Corps of Engineers 
(``Corps''), the Federal Emergency Management Agency 
(``FEMA''), the American Society of Civil Engineers, the 
Association of State Dam Safety Officials, the National 
Association of Flood and Stormwater Management Agencies, and 
the Association of State Floodplain Managers.
    The Corps has constructed nearly 9,000 miles of the 
nation's estimated 15,000 miles of levees. On the Federal 
level, new levee construction requires complex engineering and 
its capacity is based on a level of protection that is 
justified by an analysis of the risks, costs, and benefits of 
constructing the project. There are strict engineering 
standards required when a Federal levee is designed and built. 
However, there are thousands of miles of levees built by other 
Federal agencies, states, towns, farmers, and landowners. Some 
of these levees are well built and well maintained; others are 
not.
    Proper levees maintenance has proven to be a challenge at 
the local level. Except for the mainline levees of the lower 
Mississippi River, maintenance of levees constructed by the 
Corps is generally a non-Federal responsibility. Testimony 
delivered at the hearing described how little is known about 
the current condition of Federal or non-Federal levees, 
including whether these levees were designed to meet current 
conditions, or whether they have been properly maintained by 
the non-Federal interest.
    In recent years, there has been much activity and concern 
about the condition and safety of levees around the country. 
The hurricane season of 2005 dramatically demonstrated the 
consequences of levee overtopping and failure when New Orleans 
flooded after levees failed during Hurricane Katrina. In 
addition, the Corps completed an initial review of levees and 
identified 122 levees that are determined to have unacceptable 
maintenance. The State of California has also conducted a 
review of its levees and identified 29 critical sites.
    A ``Flood Risk Policy Summit of 2006'' was convened in 
December 2006 that brought together more than 60 professionals 
from Federal and state governments, flood risk managers, 
engineering professionals, natural resource specialists, and 
others. A number of recommendations that resulted from this 
meeting were presented in witness testimony.

  Addressing Sewage Treatment in the San Diego-Tijuana Border Region: 
        Implementation of Title VII of P.L. 106-457, as Amended

    On July 10, 2007, the Subcommittee held a hearing entitled 
``Addressing Sewage Treatment in the San Diego-Tijuana Border 
Region: Implementation of Title VII of P.L. 106-457, as 
Amended''. The Subcommittee received testimony from the 
Commissioner of the United States Section of the International 
Boundary and Water Commission (``IBWC''), the Environmental 
Protection Agency, and a representative of local business 
interests responsible for providing wastewater treatment 
services on the San Diego-Tijuana border region.
    Signed into law in 2000, Public Law 106-457 recommended the 
negotiation of a new Treaty Minute to provide adequate 
wastewater treatment along the United States-Mexico border, 
consistent with the ``Bajagua proposal'', so that raw and 
partially-treated domestic sewage no longer crosses the border 
from Tijuana, Mexico, into the San Diego region. In 2006, the 
IBWC signed a contract with the private investors supporting 
the Bajagua proposal to develop the wastewater treatment plan. 
However, the Commissioner of the U.S. Section of the IBWC 
suspended all activities regarding implementation of the plan 
after Bajagua's investors informed the Commission it would be 
unable to meet the court-ordered deadline to complete the 
proposal.
    The representative of local business interests and several 
Members of Congress from California expressed their support of 
the Bajagua proposal, because they believed that it was the 
most viable option on the table to address the wastewater 
treatment needs of San Diego County and bring the system into 
compliance with the Clean Water Act. However, the Commissioner 
of IBWC and the representative of EPA claimed that due to 
Bajagua's inability to meet several court-ordered deadlines for 
compliance and the rising costs of the Bajagua proposal, IBWC 
was justified in suspending the project. The Commissioner of 
IBWC supported, as an alternative, retrofitting an existing 
South Bay International Wastewater Treatment facility as a more 
cost-effective and efficient alternative.

  Reauthorization of the Beaches Environmental Assessment and Coastal 
                               Health Act

    On July 12, 2007, the Subcommittee held a hearing regarding 
``Reauthorization of the Beaches Environmental Assessment and 
Coastal Health Act''. The Subcommittee received testimony from 
the Environmental Protection Agency, representatives of state 
environmental protection and public health agencies, local 
government, and other interested stakeholders.
    On October 10, 2000, the Beaches Environmental Assessment 
and Coastal Health Act (``BEACH Act'') was signed into law. 
This legislation, which amends the Clean Water Act, was 
introduced to limit and prevent human exposure to polluted 
coastal recreation waters (including those along the Great 
Lakes) by assisting States and local governments to implement 
beach monitoring, assessment, and public notification programs. 
For these purposes, the BEACH Act authorized $30 million 
annually for fiscal years 2001 through 2005.
    In addition, the BEACH Act required States and tribes with 
coastal recreation waters to adopt minimum water quality 
standards for pathogens and pathogen indicators by April 10, 
2004, and directed EPA to promulgate standards for States that 
failed to establish standards as protective of human health as 
EPA's existing criteria, the 1986 Ambient Water Quality 
Criteria for Bacteria.
    Finally, the BEACH Act required EPA to conduct additional 
studies associated with pathogens and human health and to 
publish new or revised water quality criteria for pathogens and 
pathogen indicators within five years of the date of enactment 
of the BEACH Act (ending on October 10, 2005), based on the 
results of these studies. EPA is also directed to review these 
revised water quality criteria every five years, and to revise 
the criteria, as necessary, to protect human health. States are 
directed to adopt any revised water quality criteria within 
three years of publication by EPA.
    The Subcommittee hearing explored several topics related to 
the reauthorization of appropriations for EPA's BEACH program, 
including whether to increase the overall authorization of 
appropriations for the program. In addition, witnesses 
testified on several proposed policy changes to the BEACH Act, 
including additional authority for States to utilize a portion 
of their BEACH grants to identify the likely source of 
potential coastal recreational water contamination. Finally, 
several witnesses discussed the pending lawsuit against EPA for 
failure to publish ``new or revised water quality criteria for 
pathogens and pathogen indicators (including a revised list of 
testing methods, as appropriate) * * * for the purpose of 
protecting human health in coastal recreational waters'' by 
October 10, 2005, as required by section 304(a) of the Clean 
Water Act, as amended by the BEACH Act.

            Raw Sewage Overflow Community Right-to-Know Act

    On October 16, 2007, the Subcommittee received testimony on 
the Raw Sewage Overflow Community Right-to-Know Act from 
representatives of the Environmental Protection Agency, state 
and local governments, public health officials, and other 
stakeholders.
    Municipal wastewater collection systems collect domestic 
sewage and other wastewater from homes and other buildings and 
convey it to wastewater treatment plants for proper treatment 
and disposal. These collection systems and treatment facilities 
are an extensive, valuable, and complex part of the nation's 
infrastructure, and are critical in achieving the goals of the 
Federal Water Pollution Control Act. The collection and 
treatment of domestic sewage and other wastewater is vital to 
the nation's economic and public health and the protection of 
the environment.
    Two types of public sewer systems predominate in the United 
States--combined sewer systems and separate sanitary sewer 
systems. Municipal combined sewer systems utilize a joint-
conveyance for the movement of wastewater (e.g., domestic 
sewage) and stormwater to wastewater treatment facilities. 
Separate sanitary sewer systems have individual (separated) 
conveyances for the movement of domestic sewage and for 
stormwater. Sewer overflows, whether from municipal combined 
sewer systems or sanitary sewer systems, can pose significant 
environmental impacts, and cause or contribute to human health 
impacts.
    Witnesses generally agreed that the most reliable way to 
prevent human illness from waterborne diseases and pathogens is 
to eliminate the potential for human exposure to the discharge 
of pollutants from sewer overflows. This can occur either 
through the elimination of the discharge, or, in the event that 
a release does occur, to minimize the potential human contact 
to pollutants through public notice. Currently, Federal law 
does not provide a uniform, national standard for public 
notification of combined and sanitary sewer overflows. The Raw 
Sewage Overflow Community Right-to-Know Act amends the Clean 
Water Act to provide a uniform, national standard for public 
notification of both combined sewer overflows and sanitary 
sewer overflows, and develop and implement methodologies or 
technologies to alert the owners or operators of treatment 
works in the event of a sewer overflow.

           Twenty-First Century Water Commission Act of 2007

    On November 8, 2007, the Subcommittee held a hearing 
regarding the ``Twenty-First Century Water Commission Act of 
2007''. The Subcommittee heard testimony from Members of 
Congress, the Environmental Protection Agency, representatives 
of a state water board, non-governmental organizations, and a 
water rights attorney.
    The United States is a nation blessed with abundant water 
resources across much of the landscape. In addition, investment 
in water infrastructure has helped provide reliable water 
resources for the nation's more arid regions, as well as those 
with less reliable water supplies. The nation's waters support 
myriad human uses and needs, power generation, navigation, and 
industry while also providing for a globally diverse freshwater 
ecosystem. However, these water resources are not evenly 
distributed across the country resulting in very different 
water resource management strategies.
    These diverse conditions around the United States are all 
managed differently and often independently of other projects. 
There are many Federal and state agencies with management 
responsibilities, in addition to very different water laws of 
various States. This diversity of conditions, management, and 
statutory requirements has resulted in very local views of 
project operations and needs with little consideration of the 
broader watersheds that surround these projects. In addition, 
there have been increased demands for water resources, in part 
due to increased population and an increased recognition of the 
need to reserve water for aquatic ecosystems, as well as 
consumptive uses. These different operations and conditions are 
resulting in greater conflict over water resources. While these 
examples are representative of some existing water resource 
challenges, global climate change is predicted to exacerbate 
these conditions and place greater fiscal and management 
burdens on the nation.
    Testimony was provided on H.R. 135, the ``Twenty-First 
Century Water Commission Act of 2007''. This bill establishes a 
commission to provide for water assessments to project future 
water supply and demand, review current water management 
programs at each level of government, and develop 
recommendations for a comprehensive water strategy. The 
commission is specifically directed to take into account 
impacts of climate change on water resources. Modeled after the 
1968 National Water Commission Act, the ``Twenty-First Century 
Water Commission'' would consist of nine non-Federal members, 
appointed by the President, Speaker of the House, and Majority 
Leader of the Senate.

       Progress Toward Improving Water Quality in the Great Lakes

    On January 23, 2008, the Subcommittee received testimony 
from representatives from EPA, the Natural Resources 
Conservation Service, the U.S. Fish and Wildlife Service, the 
National Oceanic and Atmospheric Administration (``NOAA''), the 
International Joint Commission, the Government Accountability 
Office (``GAO''), and Members of Congress on ``Progress toward 
Improving Water Quality in the Great Lakes''.
    Testimony centered on the state of water quality in the 
Great Lakes, and progress being made to improve it. 
Stakeholders, including EPA, testified that steps are being 
taken to reduce water pollution and sources of impairment 
around the Great Lakes. One of the Federal Government's major 
steps to reduce water pollution is through the implementation 
of the Great Lakes Initiative (``GLI''). However, GAO noted 
that until EPA gathers more information on the implementation 
of the GLI and the impact the program has on reducing pollutant 
discharges from point sources, EPA will not be able to fully 
assess progress toward GLI goals and cleaning up the waters of 
the Great Lakes.

               Agency Budgets and Priorities for FY 2009

    On February 7, 2008, the Subcommittee held a hearing on 
``Agency Budgets and Priorities for FY 2009''. Testimony was 
received from the Corps of Engineers and the Environmental 
Protection Agency on their proposed budgets for FY 2009.

   Revitalization of the Environmental Agency's Brownfield's Program

    On February 14, 2008, the Subcommittee held a hearing on 
reauthorization of appropriations for, and potential policy 
changes to, the Environmental Protection Agency's brownfields 
program. The Subcommittee heard from representatives of the 
Environmental Protection Agency, local government officials, 
non-profit organizations, academia, and other stakeholders.
    Brownfields are properties, the expansion, redevelopment, 
or reuse of which may be complicated by the presence or 
potential presence of a hazardous substance, pollutant, or 
contaminant. Types of brownfields include inactive factories, 
gas stations, salvage yards, or abandoned warehouses. These 
sites can depress property values, provide little or no tax 
revenue, and contribute to community blight. There are 
estimated to be between 450,000 to one million brownfields 
sites in the United States. Redevelopment of these abandoned 
sites can promote economic development, revitalize 
neighborhoods, enable the creation of public parks and open 
space, or preserve existing properties, including undeveloped 
green spaces.
    In 2001, Congress created specific authority to address 
brownfields with the Brownfields Revitalization and 
Environmental Restoration Act. This legislation amended the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (``CERCLA''), more commonly known as the 
Superfund law, to authorize funding through EPA for brownfields 
assessment and cleanup grants, provide targeted liability 
protections, and increase support for State and tribal 
voluntary response programs.
    Witnesses were generally supportive of EPA's brownfields 
program, and encouraged Congress to extend the authorization of 
appropriations for the program.

Comprehensive Watershed Management and Planning: Drought-related Issues 
                   in the Southeastern United States

    On March 11, 2008, the Subcommittee held a hearing on 
``Comprehensive Watershed Management and Planning: Drought-
related Issues in the Southeastern United States''. Testimony 
was received from the City of Atlanta, Georgia, the U.S. 
Geological Survey, the U.S. Fish and Wildlife Service, the 
Corps of Engineers, the National Oceanic and Atmospheric 
Administration, and stakeholders on drought issues and planning 
in the southeastern United States.
    Drought conditions from 2006 to the present in the 
Apalachicola-Chattahoochee-Flint (``ACF'') basin have resulted 
in competition for water in Federal reservoirs run by the 
Corps. Disputes have arisen over what the equitable allocation 
of water should be for upstream and downstream users. The 
current dispute over equitable allocation of water in the ACF 
system is one that has been ongoing since the late 1980s. A 
variety of stakeholder groups and entities rely heavily on the 
availability of water in the ACF system, including water for 
municipal and industrial purposes in the Atlanta metropolitan 
region, irrigated agriculture in Georgia, hydropower dams and 
the cooling of coal-fired and nuclear power plants throughout 
the basin, the Apalachicola Bay (Florida) oyster and seafood 
industry, and Endangered Species Act-listed species on the 
Apalachicola River. Concern over upstream consumption of ACF 
water has resulted in downstream users protesting current 
allocation methods.

 Water Resources Contamination and Environmental Cleanup in the Hudson 
                                 Valley

    On April 11, 2008, the Subcommittee held a field hearing in 
East Fishkill, New York, regarding ``Water Resources 
Contamination and Environmental Cleanup in the Hudson Valley''. 
The Subcommittee heard testimony from representatives of 
Federal, state and local governments, environmental and health 
experts, citizen groups, and Hudson Valley community members.
    CERCLA was enacted to provide broad Federal authority to 
respond to releases of hazardous substances that endanger 
public health or the environment. It also created a trust fund 
supported by a tax on the chemical and petroleum industries and 
a corporate environmental income tax to provide for cleanup 
when no responsible party could be identified. CERCLA directs 
the Environmental Protection Agency to develop a National 
Priorities List (``NPL'') of the most serious sites requiring 
cleanup. At the time of this hearing, 324 NPL sites have been 
cleaned up and 1,257 sites remain on the NPL.
    On April 27, 2005, EPA placed the Hopewell Precision site, 
located in Hopewell Junction, New York, on the NPL. A public 
health assessment conducted by the New York State Department of 
Health was completed on September 28, 2008, and determined that 
actions were still necessary to address long-term public health 
risks associated with the Hopewell Precision site.
    Witnesses at the hearing testified that residents in 
Hopewell Junction still face significant health risks due to 
exposure to toxic chemicals at the Hopewell Junction site, and 
that EPA must promulgate a new protective standard for 
trichloroethylene, the chemical found at the Hopewell Precision 
NPL. Witnesses emphasized the need for adequate prevention 
measures aimed at the prevention of groundwater contamination, 
as well as a need for stronger oversight and enforcement.

                The Clean Water Restoration Act of 2007

    On April 16, 2008, the Subcommittee held a hearing entitled 
``The Clean Water Restoration Act of 2007''. The Subcommittee 
heard from the Environmental Protection Agency, the Department 
of Justice, the Department of Agriculture's Natural Resources 
Conservation Service, representatives of state and local 
governments, environmental, agricultural, and industry 
interests, legal practitioners, and other stakeholders on the 
``Clean Water Restoration Act of 2007''.
    On May 22, 2007, Chairman James L. Oberstar, Congressmen 
John D. Dingell and Vernon J. Ehlers, and 155 additional 
Members of Congress introduced H.R. 2421, the ``Clean Water 
Restoration Act of 2007''. This legislation amends the Clean 
Water Act by substituting the phrase ``navigable waters'' with 
its existing definition ``waters of the United States'' to 
restore protections over the nation's waters that existed prior 
to two Supreme Court decisions on the jurisdictional reach of 
the Act. The phrase ``waters of the United States'' has been 
part of the Clean Water Act since its enactment in 1972, but 
its commonly-understood meaning has been defined for decades 
through Federal agency regulations.
    Several witnesses testified in support of the Clean Water 
Restoration Act as necessary to restore the comprehensive 
protections provided by the Clean Water Act in meeting its goal 
to ``restore and maintain the chemical, physical, and 
biological integrity of the Nation's waters'' and to restore 
the regulatory certainty for both Federal and state-managed 
Clean Water Act programs that existed for almost three decades 
prior to the two Supreme Court decisions. Other witnesses 
expressed concern with the Clean Water Restoration Act, 
suggesting that the proposed definition of ``waters of the 
United States'' is ambiguous and has the potential for Clean 
Water Act jurisdiction to be interpreted far more broadly than 
was understood in 2001.

                     Lake Levels in the Great Lakes

    On April 18, 2008, the Subcommittee held a field hearing in 
Green Bay, Wisconsin, regarding ``Lake Levels in the Great 
Lakes''. The Subcommittee received testimony from 
representatives from the State of Wisconsin, the Corps of 
Engineers, the International Joint Commission, the Port of 
Green Bay, and the Lake Carriers' Association.
    A study completed by the United States Geological Survey 
(``USGS'') found that lake levels along the southern shore of 
Lake Michigan have fluctuated by as much as 8.4 feet during the 
past 160 years. Periods marked by either high or low water 
levels in the Great Lakes put a tremendous amount of stress on 
the local economy of those who live near the shore and these 
water levels are based mainly on rainfall patterns and runoff 
to the Great Lakes. The International Joint Commission is 
currently engaged in a five-year, $14.6 million study to 
examine the declining water levels in the Great Lakes, water 
management practices used in the Upper Great Lakes and 
potential factors that affect water levels, including climate 
change.
    Witnesses testified to both the environmental and economic 
significance of lake levels in the Great Lakes. There was 
general agreement that total water withdrawal and consumptive 
use of water from the Great Lakes will increase and that 
increasing stress on an already overwhelmed system could have a 
drastic impact on the Great Lakes Region. Some witnesses also 
urged that attention be paid to adequate dredging in Great 
Lakes' port and waterways.

        Proposals for a Water Resources Development Act of 2008

    On April 30, 2008, the Subcommittee held a hearing on 
``Proposals for a Water Resources Development Act of 2008''. 
The Subcommittee heard testimony from Members of Congress, the 
Corps of Engineers, representatives of industry, conservation 
organizations, and other stakeholders on policy issues and 
project proposals for a Water Resources Development Act of 
2008.

        Impacts of Nutrients on Water Quality in the Great Lakes

    On May 12, 2008, the Subcommittee held a field hearing in 
Port Huron, Michigan, entitled ``Impacts of Nutrients on Water 
Quality in the Great Lakes''. The Subcommittee received 
testimony from representatives from the National Oceanic and 
Atmospheric Administration, academia, and other interested 
stakeholders on the impact of nutrients on water quality in the 
Great Lakes.
    In the Great Lakes region, States have identified nutrient 
contamination as a major cause of water quality impairment. In 
recent years, there has been attention to the continuing 
problems of excessive nutrients in the Great Lakes, including 
the reemergence of a ``dead'' zone within Lake Erie. According 
to EPA, the bottom waters in the central basin of Lake Erie are 
again becoming anoxic in the late summer, in part, due to a 
concern about excessive nutrient loadings to the Lakes. In 
general, nutrients predominantly reach surface waters in one of 
three ways: pipes, runoff from the land, and air pollution 
deposition.
    Witnesses testified to the importance of monitoring 
nutrient loadings in the Great Lakes and agreed that excessive 
nutrients constitute a major source of impairment in the Lakes. 
A number of witnesses stressed the importance of increased 
scrutiny to excessive nutrients entering the Great Lakes.

             Reauthorization of the Great Lakes Legacy Act

    On May 21, 2008, the Subcommittee held a hearing on 
``Reauthorization of the Great Lakes Legacy Act''. The 
Subcommittee heard testimony from representatives from the 
Environmental Protection Agency, the State of Michigan, and 
stakeholder organizations from the Great Lakes region on the 
reauthorization of the Great Lakes Legacy Act.
    In 2002, Congress enacted the Great Lakes Legacy Act as an 
amendment to section 118 of the Federal Water Pollution Control 
Act, more commonly known as the Clean Water Act. The Legacy Act 
authorized the Administrator of EPA to carry out sediment 
remediation projects for the 31 Great Lakes Areas of Concern 
located solely within the United States and the five Areas of 
Concern shared by the United States and Canada. Since its 
enactment, approximately $127 million has been appropriated to 
address sediment contamination projects within the eligible 
Great Lakes Areas of Concern; however, in that time, no U.S. 
controlled Area of Concern has been remediated to the point 
where the site could be delisted.
    Several stakeholder organizations from the Great Lakes 
region strongly support the reauthorization of appropriations 
for the Great Lakes Legacy Act. Non-Federal witnesses present 
at the hearing were generally supportive of significant 
increases in appropriations for Legacy Act projects and a 
series of targeted policy recommendations to improve the 
overall performance and effectiveness of the Legacy Act in 
addressing the toxic legacy of contaminated sediments in the 
Great Lakes Areas of Concern.

  Discharges Incidental to the Normal Operation of a Commercial Vessel

    On June 12, 2008, the Subcommittee held a hearing to 
examine discharges incidental to the normal operation of a 
commercial vessel. The Subcommittee received testimony from the 
Environmental Protection Agency, representatives of state 
agencies, and other interested stakeholders.
    The Clean Water Act prohibits the discharge of any 
pollutant from any ``point source'', including commercial 
vessels, unless the discharge is in compliance with a permit 
issued under the Act. However, until recently, EPA regulations 
(40 CFR 122.3(a)) excluded ``discharges incidental to the 
normal operation of vessels'' from Clean Water Act permitting 
requirements. In March 2005, the U.S. District Court for the 
Northern District of California struck down the regulatory 
exemption for incidental discharges on the basis that this 
exemption exceeded EPA's authority under the Act. As a result 
of this decision, all discharges incidental to the normal 
operation of a vessel would, again, be subject to the 
permitting requirements of the Act.
    Witnesses present at the hearing were generally in 
agreement on the lack of available scientific research and 
studies on the potential ecological impacts of discharges from 
commercial vessels. In essence, the long-term existence of 
EPA's incidental discharge exemption resulted in a lack of 
focused scientific attention to the issue. However, as a result 
of the March 2005 U.S. District Court decision, the 
Environmental Protection Agency was compelled to develop a 
structure for implementation of the Clean Water permitting 
requirements for the discharge of pollutants from vessels. At 
the hearing, EPA witnesses described a draft rule proposed by 
the agency to address discharges from commercial vessels 
through a commercial vessel general permit. The proposed rule 
was scheduled to go into effect in December 2008.

            Comprehensive Watershed Management and Planning

    On June 24, 2008, the Subcommittee held a hearing entitled, 
``Comprehensive Watershed Management and Planning''. Testimony 
was heard from representatives of the Corps of Engineers, the 
University of Maryland, the Association of State Floodplain 
Managers, the Texas Water Development Board, the Delaware River 
Basin Commission, and other interested stakeholders.
    There have been varying levels of watershed planning over 
the past century, however, the focus has been on isolated water 
resource issues such as water quality, stormwater runoff, flood 
control, fish and wildlife habitat, and water supply. 
Historically, this planning has been focused on a narrow 
(single-purpose) legal mandate, and led by a single state or 
Federal agency, or a unit of local government, with little or 
no public involvement. The resulting plans frequently fail to 
capture the full needs of watershed resources and do not 
engender widespread public acceptance on the resulting 
recommendations. Watershed planning has also faced increased 
criticism for the limited bureaucratic approach and focus on 
limited water resources issues. This has resulted in call for 
greater public involvement and study of a broader array of 
watershed concerns. In response, watershed planning has begun 
to evolve beyond the focus on limited water resource issues 
into a more comprehensive process with greater public 
engagement.
    Most States and Federal agencies have watershed programs or 
support levels of watershed planning. While many of the Federal 
watershed programs have become more open to public 
participation, these programs continue to be limited in focus 
on addressing agency missions and not looking at comprehensive 
watershed concerns. For instance, the Corps of Engineers 
primarily focuses on flood control, navigation, and ecosystem 
restoration; EPA programs address water quality concerns 
related to Clean Water Act concerns; and NRCS programs 
typically address agricultural non-point source runoff and 
sediment loss.
    Testimony was presented on ways comprehensive watershed 
management planning can help avoid regional conflicts by 
identifying early the impacts of potential water resources 
development decisions. Developing such plans is data intensive 
and involves complex models. Once in place, a watershed 
management plan can be used to evaluate local water resource 
development impacts and identify alternatives.

  Protecting and Restoring America's Great Waters--Part I: Coasts and 
                               Estuaries

    On June 26, 2008, the Subcommittee held a hearing entitled, 
``Protecting and Restoring America's Great Waters--Part I: 
Coasts and Estuaries''. The Subcommittee received testimony 
from representatives of the Environmental Protection Agency, 
the National Oceanographic and Atmospheric Administration, the 
Puget Sound Partnership, the San Francisco Public Utility 
Commission, the Association of National Estuary Programs, and 
other stakeholder organizations on the protection and 
restoration of the nation's coasts and estuaries.
    Since its inception, policy analysts and policy-makers have 
described the National Estuary Program (``NEP'') as one of the 
leading examples of collaborative institutions designed to 
resolve conflict and build cooperation at the watershed level. 
Unlike many other EPA programs that use traditional regulatory 
tools to achieve environmental and policy goals, the NEP uses a 
framework that relies on stakeholder collaboration to achieve 
estuarine protection and restoration goals. EPA performance 
results and comments from witnesses provide some information 
that the collaborative NEP approach can, at a minimum, provide 
an alternative to a sole reliance on traditional regulatory, or 
command-control, mechanisms. NOAA also has estuary restoration 
programs including the National Estuarine Research Reserve 
System and the Coastal and Estuarine Land Conservation Program. 
Witnesses from the Puget Sound, Washington region also 
testified about the value of an expanded Federal program to 
protect and restore the Puget Sound.

 Protecting and Restoring America's Great Waters--Part II: Chesapeake 
                                  Bay

    On July, 30, 2008, the Subcommittee held a hearing 
entitled, ``Protecting and Restoring America's Great Waters--
Part II: Chesapeake Bay''. The Subcommittee received testimony 
from representatives from GAO, EPA, the Chesapeake Bay 
Commission, the University of Maryland, and other stakeholder 
organizations.
    Witnesses testified that the Chesapeake Bay remains 
impaired. GAO noted that the Chesapeake Bay Program has 
undertaken positive actions to address impairments to the 
Chesapeake Bay, additional actions will still be needed before 
the program has the comprehensive and coordinated 
implementation strategy recommended by GAO in 1995. The witness 
from EPA's Office of Inspector General testified that while EPA 
has made some accomplishments it also lacks the resources, 
tools, and authorities to fully address the challenges facing 
the Chesapeake Bay. The witnesses from the EPA testified that 
successes have been achieved and progress has been made but 
that the health of the Chesapeake Bay remains far short of the 
goals laid out in the landmark Chesapeake 2000 agreement.
    Stakeholder witnesses represented a number of organizations 
and collectively recognized that policy changes--including 
regulatory and non-regulatory actions--will be necessary to 
remove Chesapeake Bay impairments.

                  Emerging Contaminants in U.S. Waters

    On September 18, 2008, the Subcommittee held a hearing on 
``Emerging Contaminants in U.S. Waters''. The Subcommittee 
heard testimony from the Environmental Protection Agency, the 
U.S. Geological Survey, the State of Maine, the National 
Association of Clean Water Agencies (``NACWA''), and academic 
researchers.
    Emerging contaminants include unregulated and under-
regulated contaminants in surface waters that negatively affect 
or have the potential to negatively affect human health and 
aquatic ecosystems. They include toxic chemicals, 
pharmaceuticals, personal care products, veterinary medicines, 
endocrine-disrupting chemicals, and nanomaterials.
    The USGS witnesses reported on the findings from a series 
of USGS studies identifying wide arrays of emerging 
contaminants in surface waters. USGS also noted that there is 
little understanding of the potentially toxic and interactive 
effects (both acute and chronic) of the 80,000 chemicals--of 
which 10 percent are known carcinogens--currently in use. The 
vast majority of these chemicals do not have associated Clean 
Water Act permit standards, and are therefore, potentially 
unaddressed by current water quality regulatory authorities. 
The witness representing NACWA also stated that wastewater 
treatment facilities were not designed and are ill-equipped to 
capture many of these potentially harmful constituents from 
reaching surface waters, and potentially, drinking water 
sources throughout the nation.




             COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE

         SUMMARY OF THE OVERSIGHT AND INVESTIGATION ACTIVITIES

    In the 110th Congress, the Committee on Transportation and 
Infrastructure conducted active oversight and investigation of 
the activities of government entities and programs under its 
jurisdiction. The Committee placed a strong emphasis on 
oversight and conducted numerous investigations to ensure that 
Federal agencies and entities under the Committee's 
jurisdiction were appropriately implementing laws and programs 
consistent with statutory intent. The Committee investigated 
numerous instances involving failures of Executive Branch 
agencies to properly enforce regulations or appropriately 
oversee the industries within their purview, as well as issues 
involving agency mismanagement. The Committee investigated ways 
to improve the overall operation of such agencies and eliminate 
waste or fraud. The Committee was assisted by the Government 
Accountability Office (``GAO'') and the various Inspectors 
General of the agencies and departments under its jurisdiction.
    As a general rule, the oversight and investigation 
functions of the Committee are conducted by the Full Committee, 
in coordination with the subcommittees, and by the individual 
subcommittees.

         Full Committee Oversight Activities and Investigations

 FMCSA'S PROGRESS IN IMPROVING MEDICAL OVERSIGHT OF COMMERCIAL DRIVERS

    The National Highway Transportation Safety Administration 
(``NHTSA'') reported in 2007 that approximately 4000 commercial 
vehicle accidents were caused by driver illness or 
incapacitation. In 2001, the National Transportation Safety 
Board made eight recommendations to the Federal Motor Carrier 
Safety Administration (``FMCSA'') to improve medical oversight 
of commercial drivers. The recommendations have been on the 
National Transportation Safety Board's (``NTSB'') ``Most 
Wanted'' list of safety improvements since 2003. The Committee 
investigated the extent to which FMCSA has addressed these 
recommendations. To determine the prevalence of serious medical 
conditions in the commercial driving population, the Government 
Accountability Office (``GAO'') matched the database of 
commercial drivers to four Federal disability benefit 
databases. They found that more than one-half million of those 
drivers are currently receiving 100 percent medical disability. 
Of the 15 cases that their investigators profiled in detail, 
not one had received a careful evaluation by a medical 
examiner.
    The Committee held a hearing on July 24, 2008 to question 
FMCSA about significant delays in addressing NTSB 
recommendations. All of the recommendations remain open and 
NTSB rates FMCSA's overall response to the recommendations 
``unacceptable.'' Committee staff also issued a report on its 
own investigation into the veracity of more than 600 medical 
certificates. Staff found that in 5 percent of the sample, the 
medical examiner who ``signed'' the medical certificate did not 
exist or the medical examiner reported that the certificate was 
invalid.

     CRITICAL LAPSES IN FEDERAL AVIATION ADMINISTRATION REGULATORY 
          OVERSIGHT: ABUSES OF REGULATORY PARTNERSHIP PROGRAMS

    The Oversight and Investigations (``O&I'') staff conducted 
an investigation that revealed major systemic problems in 
Federal Aviation Administration (``FAA'') regulatory oversight, 
and the development of an overly ``cozy'' relationship between 
the FAA and the airlines it is charged with regulating.
    This investigation was stimulated by two FAA inspectors, 
who provided O&I staff with evidence demonstrating major 
violations of Federal Aviation Regulations. The evidence 
documented that the FAA maintenance supervisor for Southwest 
Airlines (``SWA'') knowingly allowed the airline to operate 
aircraft in passenger service in March 2007, well after the 
inspection deadlines on mandatory Airworthiness Directives 
(``Ads''). The evidence shows a systematic pattern of failure 
to exercise the required regulatory oversight in the FAA office 
overseeing SWA, and to ensure carrier compliance for years 
prior to this occurrence. It also suggested that FAA senior 
management was aware of these abuses of the regulations for a 
nearly a year prior to their disclosure in March 2008 and were 
seeking to cover it up.
    Beyond the SWA cases, there is strong evidence that there 
is a widespread pattern of ``coziness.'' On March 6, 2008, as a 
result of the impending Committee hearing, the FAA notified SWA 
of a $10.2 million civil penalty action for 46 aircraft that 
had over-flown the fuselage inspection AD for up to 30 months. 
On March 10, 2008, the FAA Assistant Administrator for Safety 
sent a special team of FAA inspectors to do a thorough 
examination of SWA regulatory compliance. In the subsequent 
days, SWA grounded 41 more aircraft for ``inspections.'' FAA 
issued a national order instructing all FAA Flight Standards 
Offices to conduct a ``special emphasis validation of AD 
oversight,'' as a direct result of the public scrutiny 
generated by the O&I investigation.
    On April 3, 2008, the Committee held a hearing on these 
issues. At the hearing and shortly thereafter, the FAA 
acknowledged significant lapses, has continued the inspection 
crackdown, placed several supervisors on administrative leave, 
and grounded more than 700 aircraft at several major airlines, 
which resulted in thousands of flight cancellations.
    On April 18, 2008, Secretary of Transportation Mary Peters 
announced numerous reforms and appointed an ``Independent 
Review Team'' (``IRT'') to evaluate the findings of this 
investigation and to make recommendations for FAA reform. On 
September 2, 2008, the IRT presented their report to the 
Secretary and made 13 recommendations in response to the 
findings of this investigation. The Secretary has directed the 
Acting FAA Administrator to implement these recommendations.
    The House passed H.R. 6493, ``The Aviation Safety 
Enhancement Act of 2008'' on July 22 by a unanimous vote. The 
intent of the bipartisan legislation is to fix many of the 
issues that were uncovered by the Committee's investigation and 
hearing and the Department of Transportation, Office of 
Inspector General's (``DOT IG'') recommendations. The reforms 
include: (1) rotating head inspectors every five years, (2) 
creating post-employment restrictions for inspectors, (3) the 
establishment of an independent aviation safety whistleblower 
investigation office, (4) clarification of ``customers'' of the 
FAA to mean the flying public, not air carriers, and (5) review 
and audit of FAA safety databases.

     FAA AIRCRAFT CERTIFICATION: ALLEGED REGULATORY LAPSES IN THE 
          CERTIFICATION AND MANUFACTURE OF THE ECLIPSE EA-500

    O&I staff and the DOT IG investigated allegations that the 
FAA rushed to approve both the type (``TC'') and production 
certifications (``PC'') of a new aircraft, the Eclipse EA-500, 
despite safety concerns with the design and manufacturing of 
the aircraft raised by a number of FAA certification engineers 
and aviation safety inspectors. A few weeks prior to the April 
3, 2008 Full Committee hearing on ``Critical Lapses in FAA 
Safety Oversight of Airlines: Abuses of Regulatory `Partnership 
Programs,' '' O&I Committee staff were contacted by engineers 
and safety inspectors in the FAA's Aircraft Certification 
Service (``AIR'') and received documentation alleging that FAA 
had inappropriately certified the EA-500 VLJ. The allegations 
suggested that serious design problems with the EA-500 were 
identified during the certification process, and that these 
deficiencies should have delayed the issuance of the aircraft's 
TC and PC. FAA certification engineers and inspectors who 
insisted on correction of these design deficiencies before 
certification were allegedly relieved of their former duties 
with the Eclipse program by senior FAA management and replaced 
by those more amenable to management's desire to certify the 
aircraft by an agency self-imposed deadline of September 30, 
2006.
    On September 17, 2008, the Subcommittee on Aviation held a 
hearing on this issue. The FAA admitted to mistakes during the 
Eclipse certification, but it claimed that no Federal 
regulations were violated. However, when the findings and 
assertions uncovered in this investigation are viewed in total, 
there is a disturbing suggestion that there was a ``cozy 
relationship'' and reduced level of vigilance on the FAA's part 
during both the TC and the PC approval process of the EA-500. 
Based upon the results of the OIG investigation, and the 
conclusions of the FAA's ``lessons learned review, and--most 
importantly--the problems that continue to impact pilots, the 
OIG believes that FAA should have exercised greater diligence 
in certifying the EA-500 design. The EA-500 represented a whole 
new class of aircraft, and it did not easily fit into the FAA's 
normal certification regime because the EA-500 has advanced 
avionics and turbine engine technology more characteristic of a 
large transport aircraft. The FAA chose to use certification 
requirements for general aviation aircraft rather than the more 
rigorous requirements that should be required of aircraft with 
a high degree of technical complexity. FAA suggested at the 
hearing that they were conducting comprehensive review of 
aircraft certification categories and requirements.
    The FAA seems to have been unusually lenient given the 
priority it assigned and the collaborative relationship that 
was developed with Eclipse management. It is difficult to 
understand why senior FAA management assigned itself a date for 
the aircraft is to be ready for certification approval and meet 
that date. Numerous FAA technical personnel had made a strong 
case that the EA-500 was not ready for certification. The 
burden of when an aircraft is ready to be certified should fall 
entirely upon the manufacturer, and it should be none of FAA's 
concern as a matter of policy.
    In the Eclipse case, it appears that when design 
deficiencies were identified that appeared to be non-compliant 
with FAA certification requirements, senior FAA management 
became personally involved, overruled lower-level engineers and 
inspectors, worked diligently to find ``work-arounds,'' to find 
``alternative approval rationales and techniques,'' and 
accepted ``IOUs'' for later compliance. One broad policy issue 
that needs further examination relates to the many 
``loopholes'' FAA has at its disposal to find ``alternative 
means of compliance'' or ``equivalent levels of safety'' for 
certification regulations. Thus, the allegations and findings 
in this case are cause for concern and suggest the immediate 
need for a broad policy review of FAA certification practices.

        DEEPWATER PROGRAM--UNITED STATES COAST GUARD (``USCG'')

    The Integrated Deepwater Program (``Deepwater'') is a 
series of procurements being undertaken by the Coast Guard to 
replace or upgrade its major surface and aviation assets; the 
procurements are expected to cost $25 billion and take 24 years 
to complete from the date of the program's inception (2002). 
The early years of the Deepwater program produced a series of 
failed procurements, including the failure of an effort to 
lengthen 110-foot patrol boats to 123 feet, which yielded eight 
vessels with such extensive hull anomalies they were unsafe to 
operate and had to be removed from service.
    The Committee on Transportation and Infrastructure met on 
April 18, 2007, to review the results of an investigation of 
the Deepwater program that probed deeply into the contract 
management and decision-making processes within the Coast Guard 
and it contractor partner, Integrated Coast Guard Systems 
(``ICGS'') (comprised of Lockheed Martin Corporation and 
Northrop Grumman Corporation). The investigation found that the 
Coast Guard was warned of flaws in the designs proposed to be 
used to lengthen the 110-foot patrol boats by the U.S. Navy 
long before the design was finalized. However, offers by the 
Navy to assist in the evaluation of the initial conversion 
design or in the investigation and resolution of cracks that 
occurred in the ships after they were converted were not 
accepted by the Coast Guard.
    The investigation also found that in some cases, 
substandard information technology equipment was installed on 
the lengthened patrol boats. For example, ``topside'' (meaning 
on the top/outside of the ship) equipment was installed on the 
123-foot patrol boat and on a small boat launched from the 123 
patrol boats that did not meet Deepwater contract 
specifications and that may not have been operational in all 
weather conditions that the 123 patrol boats and the small 
boats were expected to encounter. Additionally, cameras were 
installed on the 123 patrol boats that did not provide a 360-
degree field of view around the vessels. Finally, records 
indicate that there were irregularities in the process for 
testing and certifying the ships for compliance with TEMPEST 
standards, which are designed to prevent the leak of classified 
information.
    Testimony presented at the hearing suggested that these 
problems occurred in large measure because the Coast Guard was 
operating under a paradigm that required rigid adherence to an 
aggressive schedule, which was commonly referred to within the 
CG as ``ruthless execution,'' and which generated bad 
decisions, design compromises, and the use of the below-
standard equipment. Additionally, the Coast Guard failed to 
properly manage the contracts associated with procurements 
undertaken in the early years of the Deepwater program--in 
large part because it did not have an adequate number of 
properly trained contract and acquisitions management personnel 
on staff to oversee its contractors.
    The hearing resulted in extensive media coverage, including 
CBS News' 60 Minutes. That same week, the USCG removed ICGS, 
comprised of Lockheed Martin and Northrop Grumman, as the lead 
systems integrator (``LSI'') of the Deepwater program and 
announced plans to create an Acquisitions Directorate, which 
would ultimately take over all LSI responsibilities. The USCG 
is seeking $96 million in reimbursement from ICGS.
    As a result on the investigation, Coast Guard Subcommittee 
Chairman Elijah E. Cummings introduced H.R. 2722, the 
``Integrated Deepwater Program Reform Act''. The Committee 
reported the bill and, on July 31, 2007, the House passed H.R. 
2722 by a vote of 426-0. The Senate passed a similar bill in 
December 2007. However, the differences between the House and 
Senate bills were not resolved at the close of the 110th 
Congress.
    On May 7, 2008, the USCG accepted delivery of National 
Security Cutter #1, Bertholf. Again, there are deficiencies in 
the classified C4ISR systems, and the ship has not yet been 
TEMPEST certified. The Committee continues to monitor the 
National Security Cutter program, as well as the overall 
Deepwater Program.

DRUG AND ALCOHOL TESTING PROGRAM OVERSIGHT BY THE FEDERAL MOTOR CARRIER 
                         SAFETY ADMINISTRATION

    Title 49 of the U.S. Code requires commercial drivers to 
submit to pre-employment and random drug and alcohol tests. 
Media reports in spring 2007 documented drug testing facilities 
that did not meet Federal requirements, potentially providing 
drug-using drivers opportunities to adulterate or ``cheat'' on 
these drug tests. The Committee's investigation found that 
thousands of products that are designed specifically to cheat a 
drug test are widely available over the Internet and in retail 
outlets. The Committee also found that, while industry-wide 
drug positive rates are approximately two percent, drivers' 
self-reports of drug use and anonymous testing indicate that 
actual drug use by commercial drivers is between seven and ten 
percent. This disparity likely relates, at least in part, to 
the weaknesses in the drug-testing process. In its 
investigation of more than 20 private drug-testing facilities, 
GAO found a multitude of problems, including the availability 
of liquids (e.g., cleaning supplies) that could be used to 
invalidate a urine sample which were stored in bathrooms where 
samples are collected.
    On November 1, 2007, the Subcommittee on Highways and 
Transit held a hearing where these deficiencies were exposed.
    On May 15, 2008, GAO issued their final report to the 
Committee on weaknesses in the drug-testing program. GAO 
revealed its analysis of drug-test results subpoenaed from a 
drug testing firm in Texas. The analysis shows the extent to 
which drug-using drivers can move from job to job without their 
drug histories following them.
    As a result of the investigation, the Committee is 
developing legislation to tighten the drug-testing process and 
create a national clearinghouse of drivers who have tested 
positive for drugs, refused to be tested, or attempted to cheat 
a drug test.

   OPERATION SAFE PILOT: FAILURE TO DISCLOSE MEDICALLY DISQUALIFYING 
       CONDITIONS ON APPLICATIONS FOR AIRMEN MEDICAL CERTIFICATES

    In 2005, the DOT IG found thousands of cases of airmen 
holding current Airman Medical Certificates, while 
simultaneously collecting full medical disability pay from the 
Social Security Administration for debilitating medical 
conditions. These conditions included heart disease, 
schizophrenia, and macular degeneration. Airmen did not 
disclose these conditions to the FAA when applying for their 
Certificates. The DOT IG recommended that FAA periodically 
compare Certificates to the databases of agencies providing 
disability benefits and take administrative actions when false 
statements are identified.
    On July 17, 2007, the Subcommittee on Aviation held a 
hearing on these issues. During the hearing, the FAA committed 
to establishing such a process. The Committee requested that 
the DOT IG report on the status of FAA's efforts to conduct 
this match as well as to report on the security of data 
contained in the Airman database.

            FEDERAL PROTECTIVE SERVICE (``FPS'') DOWNSIZING

    O&I staff investigated a Department of Homeland Security 
(``DHS'') plan to significantly downsize the Federal Protective 
Service (``FPS''). Since being transferred from the General 
Services Administration (``GSA'') to DHS, the FPS workforce has 
steadily shrunk from approximately 1,400 law enforcement 
personnel to slightly over 800 in 2007. At the same time, the 
Federal inventory of buildings has increased substantially. The 
functional replacement value of the GSA's Federal building 
portfolio is $41.7 billion.
    The DHS plan is to make increasing use of contract security 
guards, who do not have the same authority as law enforcement 
personnel. The investigation revealed that, under the plan, a 
large percentage of Federal buildings will not have any 
protection of Federal law enforcement personnel and will be 
forced to rely almost entirely upon the negotiation of 
memoranda of agreement with local police departments. To date, 
virtually none of these memoranda have been negotiated.
    On April 18, 2007, the Committee held a hearing on these 
issues, which exposed a high level of vulnerability of Federal 
assets in many communities nationwide.
    On December 26, 2007, Congress enacted the Consolidated 
Appropriations Act, 2008 (P.L. 110-161), which includes a 
provision that prohibits further cutbacks of FPS officers and 
requires DHS to restore the number of FPS officers to a minimum 
of 1,200.
    On February 8, 2008, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management held a 
hearing on these issues. GAO released a report on the FPS in 
June 2008 which disclosed numerous serious security violations 
and lapses at Federal Buildings across the U.S.

           AGING FAA AIR TRAFFIC CONTROL (``ATC'') FACILITIES

    O&I staff conducted an investigation of the condition of 
FAA Air Traffic Control (``ATC'') facilities. On July 24, 2007, 
the Subcommittee on Aviation held a hearing on this issue. By 
the FAA's own admission, terminal radar approach control 
centers (``TRACON''), towers, and en-route ATC facilities are, 
on average, relatively old, and are in ``fair to poor'' 
condition using GSA Facility Condition Index (``FCI'') 
criteria. Data collected indicates that numerous buildings have 
severe maintenance problems; and FAA employee reports of 
health-related problems due to facility conditions are becoming 
more numerous in various facilities.
    In the course of this investigation, FAA managers openly 
acknowledged that the agency has a substantial maintenance 
backlog of between $250 and $350 million for repairs at 
hundreds of facilities. Yet, the FAA's annual budget for 
facility maintenance and improvement for FY 2006 and FY 2007 
was less than $60 million in each year. As a result of this 
investigation, the FAA immediately began a number of 
rehabilitation projects and reallocated more money for facility 
repair.
    H.R. 2881, the ``FAA Reauthorization Act of 2007'', which 
passed the House on September 20, 2007, includes a historic 
funding level of $13 billion for FAA Facilities & Equipment. 
This funding would enable the FAA to make needed repairs and 
replacement of existing facilities and equipment. In addition, 
the bill requires the FAA to establish a task force on ATC 
facility conditions. At the request of the Chairman, the DOT IG 
is completing a comprehensive audit of FAA management and 
maintenance of ATC facilities.

               WATER QUALITY STANDARDS IN THE GREAT LAKES

    Virtual elimination of toxic pollutants in the Great Lakes 
Basin remains a priority for the United States and Canada, yet 
pollution levels remain unacceptably high as a result of 
industrial, agricultural, and residential development.
    On July 21, 2007, the Indiana Department of Environmental 
Management, with agreement from the U.S. Environmental 
Protection Agency (``EPA''), issued a permit allowing British 
Petroleum (``BP'') to increase its discharge of ammonia and 
sludge derivatives into Lake Michigan. The permit resulted in a 
public outcry, with environmentalists and local politicians 
questioning the veracity of EPA's commitment to Federal laws 
and International agreements regarding water quality. The 
Committee scheduled a hearing for September 6, 2007 on the BP 
permit process. On August 23, 2007, BP America issued a public 
statement abandoning the proposed refinery expansion that would 
require the higher discharge limits.
    The Subcommittee on Water Resources and Environment 
continues to examine the extent to which States are allowing 
facilities to circumvent the laws and exceed discharge levels 
for toxic pollutants such as mercury.

              PRIVATIZATION OF FAA FLIGHT SERVICE STATIONS

    O&I staff conducted an investigation of the FAA contract to 
privatize Flight Service Stations (``FSS''). On February 1, 
2005, the FAA awarded Lockheed Martin a five-year, fixed-price 
contract (with five additional option years) to operate and 
modernize the FSS system that provides weather information and 
flight plan filing services to pilots on the ground and in the 
air. The contract is worth about $1.8 billion and represents 
one of the largest non-defense outsourcing of services in the 
Federal Government. The FAA estimates that by contracting out 
FSS, it will save between approximately $1.7 and $2.2 billion 
over the ten-year life of the agreement.
    The first phase of the transition to Lockheed Martin 
management of the FSS system ran smoothly. However, in 2007, 
Lockheed Martin launched an aggressive implementation plan, 
declaring its three hub locations operational and consolidating 
other FSS locations at a rate of three facilities per week. 
Within days, service to pilots deteriorated dramatically.
    On October 10, 2007, the Subcommittee on Aviation held a 
hearing on the issue. As a result of the investigation, the FAA 
has significantly tightened management oversight of the 
contractor. Substantial monetary performance penalties on the 
contractor have been assessed, and the performance of FSS 
services began to slowly improve. By the summer of 2008 (the 
period of highest demand), FSS services had improved 
dramatically, and the contractor was meeting all FAA-defined 
performance objectives. However, high fuel prices contributed 
to less overall demand for FSS services.

             RAIL SAFETY REPORTING AND EMPLOYEE HARASSMENT

    On Thursday, October 25, 2007, the Committee on 
Transportation and Infrastructure met in an oversight hearing 
to examine the impact of railroad injury, accident reporting, 
and discipline policies on rail safety. The Oversight and 
Investigations (``O&I'') staff conducted an in-depth 
investigation of railroad employee injury reporting practices. 
The purpose of this hearing was to examine allegations 
contained in hundreds of reports from rail employees collected 
and reviewed by O&I staff suggesting that railroad safety 
management programs sometimes either subtly or overtly 
intimidate employees from reporting on-the-job injuries.
    It was alleged that many Class I railroads have management 
programs and policies that inhibit or intimidate employees into 
not reporting on-the-job injuries. Thus, many injury accidents, 
that are required to be reported to the Federal Railroad 
Administration (``FRA''), may be never reported as a result. It 
is alleged that railroad management personnel invoke pressure 
upon employees in three common ways: (1) by ``counseling'' them 
not to file an injury report in the first place, subtly 
suggesting that it might be in their ``best interests'' not to 
do so; (2) by finding employees exclusively at fault for their 
injuries and administering discipline; and (3) by subjecting 
employees who have reported injury accidents to increased 
performance monitoring, performance testing, and often followed 
by subsequent disciplinary action up to, and including, 
termination.
    O&I staff examined many of the Class I railroads' safety 
management policies for dealing with employee injuries. All of 
these programs certainly appear intent on preventing injuries, 
but it is also clear that these programs may create 
``unintended consequences.'' A major unintended consequence is 
that employees generally perceive intimidation to the extent 
that those who are injured in rail incidents are often afraid 
to report their injuries or seek medical attention for fear of 
being terminated or severely disciplined. Many of the reports 
compiled by staff suggest that railroad employees often find 
themselves the targets of a higher degree of management 
scrutiny immediately after filing an injury report. The 
railroads argue that these are ``counseling programs'' intended 
to prevent future injuries, but the programs are often 
perceived by employees as intimidation which inhibits the 
reporting of injuries in order to escape inevitable management 
attention in the aftermath of an injury report. Railroads are 
incentivized to keep their injury reports down in order to 
escape scrutiny from the FRA.
    O&I staff reviewed all of the most recent FRA 
``Comprehensive Accident/Incident Recordingkeeping Audits'' 
conducted under Part 225 of the FRA regulations for the Class I 
railroads. According to these audits, FRA found 352 violations 
for underreporting, with the largest category representing 
failures to report employee injuries. It is important to 
recognize that this represents the number of underreported 
injury events FRA was able to identify by auditing railroad 
records, but this number does not represent the number of 
injuries that may have never been reported by employees. In a 
discussion with O&I staff, the FRA Associate Administrator for 
Safety stated that she believed that supervisory pressure on 
employees to not report injuries is a significant issue. When 
the Agency receives complaints on this subject, FRA does 
investigate these reports. However, she maintained that FRA 
simply does not have the resources to investigate the extent of 
the ``harassment'' issue.
    In 2007, Congress enacted the 9/11 Commission Act of 2007 
(P.L. 110-53), which strengthens whistleblower protections for 
rail workers and contains provisions to strengthen the 
protection of rail workers against management harassment.

 LAX FLEET MANAGEMENT PRACTICES ENABLE GOVERNMENT EMPLOYEES TO IGNORE 
                   LOCAL PARKING LAWS AND EVADE FINES

    According to the Texas Transportation Institute, traffic 
congestion continues to worsen in American cities, creating a 
$78 billion annual drain on the U.S. Economy. Parking 
restrictions are one way cities manage congestion by providing 
curb access for commercial deliveries and transit services; as 
well as providing additional lane capacity during rush hour. 
During a 6-month investigation, Oversight and Investigations 
staff found that Federal employees in the District of Columbia 
(``DC'') and New York City (``NYC'') incurred thousands of 
dollars in tickets assessed on illegally-parked U.S. Government 
vehicles. Federal regulations require government workers to pay 
these fines, but neither DC nor NYC enforces these fines, 
reducing the incentive for workers to comply with local parking 
restrictions.
    In 2007, 477 parking tickets valued at $63,150 issued to 
U.S. Government-tagged vehicles were never paid. Nearly one-
half of the tickets were for violations of morning or evening 
rush-hour restrictions, violations that increase congestion by 
reducing available road capacity. Other ticketed violations 
included parking on sidewalks, in crosswalks, in handicapped 
zones, and in front of hydrants. Federal employees in NYC also 
neglected to pay at least 670 parking tickets valued at 
$112,456 accumulated through December 9, 2007. Federal 
employees were able to accumulate large balances of unpaid 
parking tickets because DC and NYC do not enforce tickets on 
government-plated vehicles. In fact, local governments have 
their own parking woes--in DC, city-government vehicles racked 
up 329 tickets in 2007 with an outstanding value of $33,360. In 
NYC, state and city vehicles owed, cumulatively, $490,939 on 
2,562 outstanding tickets issued through December 9, 2007. In 
both cities, the agencies charged with enforcing parking laws 
were the biggest offenders of those laws.
    O&I staff issued a report to the Chairman on October 24, 
2008 regarding these issues.

              THE NATION'S PUBLIC ALERT AND WARNING SYSTEM

    Presently, the United States issues emergency warnings 
through the Emergency Alert System (``EAS'')--successor to the 
Emergency Broadcast System (``EBS'')--which relies primarily on 
broadcast media, and the National Oceanic and Atmospheric 
Administration's (``NOAA'') Weather Radio All Hazards Network. 
Currently, there are several federal initiatives to improve, 
expand and integrate these existing warning systems. The 
Integrated Public Alert and Warnings System (``IPAWS''), which 
is a public-private partnership for which the Federal Emergency 
Management Agency (``FEMA'') has a leadership role, is the 
primary initiative regarding testing and developing state-of-
the-art technology.
    As other Committees became more interested in the public 
alerts and warning systems, it was clear that we would have the 
opportunity to solidify the Committee's jurisdiction by 
authoring a bill to modernize the system and codify it into the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(``Stafford Act''). O&I staff and Committee staff worked 
together and on May 13, 2008, Ranking Republican Member Graves 
introduced and Chairwoman Norton co-sponsored H.R. 6038, the 
``Integrated Public Alerts and Warning Systems Modernization 
Act of 2008.'' The bill amends the Stafford Act to direct the 
President to modernize the integrated public alerts and warning 
system. The bill authorizes FEMA to do much of what it was 
already doing administratively through the current authorities 
in the Stafford Act as directed by Executive Order 13407; and 
as authorized through the Post Katrina Emergency Reform Act, 
but also establishes FEMA as the clear lead and specifically 
gives the Administrator of FEMA responsibility for the alerts 
and warning system and proscribes the Secretary of the 
Department of Homeland Security (``DHS'') from transferring 
that responsibility outside of FEMA without an Act of Congress.
    Additionally, O&I staff had made contact with numerous 
stakeholders, including the Federal Communications Commission, 
the National Association of Broadcasters, CTIA--The Wireless 
Association, Public Broadcasting System, Society of Engineers, 
Emergency Managers and others, who were very concerned that 
FEMA did not have an adequate plan or timetable to improve the 
warning systems nor had FEMA gathered input from stakeholders 
on technical issues and issues that would directly affect them. 
After further investigation by the O&I staff, a hearing was 
held on June 4, 2008. The hearing was successful and found, as 
we suspected, that FEMA does not have an adequate plan to 
implement IPAWS and the stakeholders continue to be frustrated 
as they are not a part of the process.
    Further, in 2007, the GAO initiated a study of the 
functioning of EAS from the perspective of emergency 
preparedness in government operations. GAO made several 
recommendations to FEMA and FCC for additional planning and 
greater involvement of stakeholders. FEMA agreed with the 
intent of these recommendations, however, after one year 
several of the concerns raised by GAO still have not been 
resolved. The Committee sent a letter on July 28, 2008 asking 
GAO to update its report on the EAS and look at the 
implementation of IPAWS.
    Finally, H.R. 6038, the ``Integrated Public Alerts and 
Warning Systems Modernization Act of 2008'' was included in 
H.R. 2775, ``To amend the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act to Authorize Funding for Emergency 
Management Performance Grants, and for Other Purposes.'' The 
bill awaits action on the Floor.

           CONCENTRATED ANIMAL FEEDING OPERATIONS (``CAFOS'')

    O&I staff received information from various sources that 
CAFOs (large industrialized livestock and poultry operations 
that raise animals in a confined situation) were polluting the 
air and water ecosystem and that the current Administration has 
had a poor track record of enforcing environmental regulations. 
Although agricultural activities are generally not subject to 
requirements of environmental law, discharges of waste from 
large CAFOs into the nation's waters are regulated under the 
Clean Water Act. After an initial investigation, staff found 
that this was an extremely large and complicated issue and that 
it was very difficult to find any data and therefore, on May 8, 
2007 the Committee asked the GAO to look at several issues 
related to CAFOs including: trends on CAFOs over the past 30 
years; amounts of waste they generate; findings of key research 
on CAFOs' health and environmental impacts; the recent court 
decisions on EPA's regulation of water pollutants. GAO informed 
O&I I staff that the Committee on Energy and Commerce was also 
looking into these issues and additionally into Environmental 
Protection Agency's (``EPA'') progress in developing CAFO air 
emissions protocols and urged us to join them in this report.
    The report ``Concentrated Animal Feeding Operation, EPA 
Needs More Information and Clearly Defined Strategy to Protect 
Air Quality from Pollutants of Concern,'' was issued on 
September 24, 2008. The report made some startling findings: No 
federal agency collects consistent reliable data on CAFOs; the 
number of CAFOs has increased by 230 percent over the past 20 
years from about 3,600 in 1982 to almost 12,000 in 2002; the 
number of animals raised on large farms has increased from more 
than 257 million in 1982 to over 890 million in 2002, an 
increase of 246 percent; EPA lacks reliable, comprehensive data 
on the number, location and size of CAFO operations nationwide 
and the amount of discharges they release. EPA has neither the 
information it needs to assess the extent to which CAFOs may be 
contributing to water pollution, nor the information it needs 
to ensure compliance with the Clean Water Act.
    Furthermore, the report made several significant 
conclusions. CAFOs can emit dangerous levels of airborne and 
waterborne pollutants and these operations can potentially 
degrade water quality because pollutants in manure such as 
nitrogen, phosphorus, bacteria and other organic matter could 
enter nearby water bodies. Also, despite clear evidence of a 
link between animal feeding operations and impaired water 
quality, EPA is on the verge of approving a new agency rule 
that restricts Federal authority under the Clean Water Act to 
only the most egregious polluters to the Nation's waters. EPA 
may be less likely to seek enforcement against a CAFO that it 
believes is discharging pollutants into a water body because it 
is now more difficult to prove that the water body is federally 
regulated. The GAO found that a 2006 Supreme Court decision 
regarding the jurisdiction of the Clean Water Act had also 
complicated EPA's enforcement of CAFO regulations. In addition, 
GAO noted that EPA's Assistant Administrator for Enforcement 
and Compliance Assurance stated in a memorandum the ``Rapanos 
decision and EPA's guidance has resulted in significant adverse 
impacts to the clean water enforcement program.''
    The Committee on Transportation and Infrastructure and the 
Committee on Energy and Commerce released a joint press release 
on the report. The Committee on Energy and Commerce held a 
hearing on September 24, 2008 to further investigate the issue. 
As a result of these significant findings, the Subcommittee on 
Water Resources and the Environment will conduct additional 
hearings in the next Congress.

                WATER RESOURCES DEVELOPMENT ACT OF 2007

    On November 8, 2007, the Water Resources Development Act of 
2007 (``WRDA 2007'') was enacted over the veto of the 
President. Since that time, the Committee has aggressively 
monitored the progress, or lack thereof, of the Department of 
the Army in implementing the law. As of December 11, 2008, the 
Corps of Engineers identified 493 specific provisions of WRDA 
2007 that require implementation guidance. However, as of that 
same date, only 92 guidance documents have been issued -- an 
effectiveness rate of less than 20% over the 13 months since 
enactment. The President's budget request for fiscal year 2009 
also failed to request funding for any of the critical projects 
included in WRDA 2007 that would benefit the economy, improve 
public safety, and enhance and restore the environment.
    The Committee continues to work with the Army and outside 
groups to ensure that the provisions of WRDA 2007 are 
implemented and that the projects authorized for construction 
in that law are carried out.
    WRDA 2007 contains many programmatic changes to the civil 
works program of the Army. The most significant changes are 
requirements for independent review, improved mitigation for 
the impacts of corps projects, and revisions to the planning 
principles and guidelines. The Army has not fully implemented 
any of these reforms, and the Committee will continue its 
oversight efforts to ensure that the civil works program is 
carried out consistent with Congressional intent.

                         FLOODPLAIN MANAGEMENT

    Following the devastating floods in central Iowa and other 
locations in 2008, the Committee initiated a review of the 
implementation of the Corps of Engineers floodplain management 
program under the Water Resources Development Act of 1986 
(``WRDA 1986'').
    In WRDA 1986 Congress required that as a condition of 
participation in a Federal flood control project local 
interests prepare and implement a floodplain management program 
to reduce the likelihood of future flooding and to maintain the 
level of protection afforded by the Federal project. However, 
the recurrence of flooding following the construction of 
protective works in many areas across the Nation calls into 
question the efficacy of local floodplain management plans and 
their relation to Federal flood damage reduction efforts.
    The Committee learned that implementation of the 
requirements of WRDA 1986 has been inconsistent across the 
Nation. For many projects the Corps has no information whether 
local floodplain management programs exist, or, where such 
programs do exist, whether the programs are being implemented. 
The Committee will continue to work with the Army and the Corps 
of Engineers to improve the quality of local floodplain 
management plans and the implementation of those plans to 
reduce future threats to lives and property and protect the 
value of Federal investments.

                     MITIGATION FOR WETLANDS LOSSES

    As a part of the Committee's ongoing review of the 
implementation of the Clean Water Act by the Environmental 
Protection Agency and the Department of the Army, the Committee 
is reviewing the implementation of the compensatory mitigation 
program related to activities affecting wetlands.
    Under section 404 of the Clean Water Act, the Secretary of 
the Army is responsible for considering applications and 
issuing permits for the discharge of dredged or fill material 
into the waters of the United States, including wetlands. The 
program is required to be implemented in accordance with 
guidelines issued by the Administrator of the Environmental 
Protection Agency. Those guidelines require that when issuing 
permits the Secretary first require the permit applicant to 
avoid adverse impacts on wetlands, to minimize those adverse 
impacts that cannot be avoided, and to mitigate for any adverse 
impacts after exhausting efforts to avoid and minimize the 
impacts.
    The implementation of the mitigation program has come under 
criticism from the Government Accountability Office and the 
National Research Council, among others. The Committee is 
reviewing both the requirements of the Secretary for 
compensatory mitigation and the actual implementation of those 
requirements. That is, what is the Secretary supposed to do, 
and is the Secretary actually doing it? These ongoing efforts 
are being carried out as part of the overall review of the 
implementation of the Clean Water Act by the Committee and the 
Subcommittee on Water Resources and Environment.

                      YAZOO AREA BACKWATER PROJECT

    In 2008, the Environmental Protection Agency (``EPA'') 
indicated that it would exercise its authority under section 
404(c) of the Clean Water Act to deny the issuance of a permit 
required for the construction of the Yazoo Area Backwater 
Project by the Corps of Engineers. If constructed, the project 
would have consisted mainly of a 14,000 cubic feet per second 
pumping station to drain areas between the Mississippi and 
Yazoo Rivers that include between 150,000 and 229,000 acres of 
wetlands and other waters of the United States. EPA has 
exercised its authority under section 404(c) only 11 times 
since it received this authority in 1972. The Committee 
carefully monitored the process to ensure that it was fair, 
objective, and in accordance with existing, published 
procedures. Effective August 31, 2008, EPA denied the issuance 
of the permit.

                        Subcommittee on Aviation

    1. Funding of the Federal Aviation Administration 
(``FAA''). The FAA's aviation programs, as well as the 
authorization of the existing aviation tax structure that 
provides revenue for the Aviation Trust Fund, will expire in 
fiscal year (``FY'') 2007. During this reauthorization, the 
Subcommittee will focus on the financial condition of the 
Airport and Airway Trust Fund (``Aviation Trust Fund''), and 
possible alternative mechanisms for financing the future needs 
of the aviation system. For the last few years, revenue into 
the Aviation Trust Fund has been less than FAA-forecasted 
amounts, and thus the Aviation Trust Fund's uncommitted cash 
balance has been depleted. Whether Aviation Trust Fund revenues 
will be adequate to meet the FAA's needs in the next few years 
will depend largely on the near-term funding requirements of 
the Next Generation Air Transport System (``NextGen''). NextGen 
is envisioned as a major redesign of the air transportation 
system that will involve precision satellite navigation; 
digital, networked communications; an integrated weather 
system; and other features. The FAA is expected to propose the 
fundamental restructuring of the aviation tax system in the 
form of a ``cost-based'' user-fee system. The FAA will submit 
its proposal to Congress early in the 110th Congress.

                                Hearings


     THE PRESIDENT'S FY 2008 FEDERAL AVIATION ADMINISTRATION BUDGET

    On February 14, 2007, the Subcommittee held a hearing to 
consider the Administration's FY 2008 budget request for the 
FAA. The Administration's request provided approximately $14 
billion in FY 2008, approximately $413 million less than the 
estimated FY 2007 funding level provided by H.J. Res. 20 (the 
House-passed continuing resolution). Under current law, the 
FAA's budget is broken down into four programs: operations, 
Facilities & Equipment (``F&E''); Airport Improvement Program 
(``AIP''); and Research, Engineering, and Development 
(``RE&D'') (The Science Committee has jurisdiction over the 
RE&D program).
    Under the Administration's budget proposal, FAA's financing 
sources would shift from a mix of fuel taxes, other excise 
taxes, and general fund contribution to user fees, fuel taxes 
and a general fund contribution. The Administration's data 
indicated that in FY 2008, user fees and excise taxes under the 
new proposal would hypothetically yield approximately $600 
million less in FY 2008 than maintaining the current tax 
structure; and over $900 million less from FY 2009 to FY 2012. 
The FAA testified that the new financing structure would be 
better suited to create a businesslike model for financing and 
would create a more equitable system for all users; and 
maintained that the budget would allow FAA to reach its goals 
for the NextGen. The Department of Transportation Inspector 
General (``DOT IG'') testified that FAA cannot achieve its goal 
of technologically transforming the National Airspace System 
(``NAS'') with a $2.5 billion (or less) F&E budget--that number 
would only sustain the existing system, not new initiatives.
    The Administration's proposal would also cut the AIP to 
$2.75 billion, which is $950 million less than the FY 2007 
level authorized by Vision 100-Century of Aviation 
Reauthorization Act (``Vision 100'') (P.L. 108-176); and reduce 
the EAS program to $50 million, which would cut the number of 
communities that receive funding by almost half. In addition, 
the DOT IG testified that FAA's Controller Workforce plan 
lacked facility level staffing standards and associated costs 
of implementation. The Subcommittee also examined FAA's budget 
for safety inspector staffing levels and found that FAA may not 
have an accurate assessment of its staffing needs.

 THE ADMINISTRATION'S FEDERAL AVIATION ADMINISTRATION REAUTHORIZATION 
                                PROPOSAL

    The Administration's FAA reauthorization proposal, the Next 
Generation Air Transportation Financing Reform Act of 2007, is 
a three year authorization with an estimated cost of 
approximately $44.766 billion. Most of the FAA's funding is 
currently derived from the Aviation Trust Fund. The FAA's 
proposal would make significant changes to the current Aviation 
Trust Fund tax structure by eliminating a number of excise 
taxes, increasing fuel taxes and decreasing the International 
Arrival/Departure tax. The Subcommittee held a series of 
hearings in March 2007 regarding the FAA's reauthorization 
proposal. On March 14, the Subcommittee held its first hearing 
on the subject, followed by hearings on March 21 on FAA's 
Financing Proposal, March 22 on FAA Operational and Safety 
Programs, and March 28 on FAA's AIP.
    Under the FAA's proposal, most of the FAA's revenue would 
come from new cost-based user fees. In proposing a cost-based 
user fee, FAA maintains it will better align its costs or 
services with its revenues, and would operate in a more 
efficient, business-like manner. Additionally, the FAA stated 
that its fees would be more equitable to airspace users because 
users would be charged based on the costs that they impose on 
the system. The proposal was roundly criticized at the hearing.
    As the NAS becomes increasingly crowded, GAO testified at 
the March 22nd hearing that it was a crucial time to examine 
the FAA's plans for NextGen in the context of improving the 
operation and safety of the NAS. GAO testified that as FAA 
begins to implement NextGen, it needs to focus on coordination 
with Joint Planning and Development Office (``JPDO'') and 
ensure that FAA has the proper expertise to oversee the 
project. A major challenge that was highlighted was the 
transition costs to implement NextGen. GAO also noted that FAA 
needs to improve its safety data. Labor groups that testified 
stressed the importance of the Safety Management Systems 
(``SMS'') to increase safety in the NAS through a partnership 
of the FAA, industry, and labor organizations. FAA testified 
that it was moving toward creating regulatory requirements for 
SMS implementation. The Professional Airways Systems 
Specialists testified that FAA's plan does not address the need 
for more aviation safety inspectors, which are necessary to 
increase FAA's oversight of maintenance outsourcing. The 
National Air Traffic Controllers Association (``NATCA'') 
testified to the need for more controllers to help increase 
capacity and safety in the NAS; and was critical of FAA's 
budget for controller staffing. Additionally, NATCA stressed 
the need for greater input from controllers in shaping the 
future air traffic control (``ATC'') modernization.
    The FAA proposed $8.7 billion from FY 2008 to FY 2010 for 
the AIP, which is $1.8 billion less than the program received 
in the previous two-year period. At the March 28th hearing, 
airports testified to their needs for capital for projects like 
new runways and runway extensions to increase capacity. FAA 
officials contended that decreased AIP entitlements coupled 
with a passenger facility charge (``PFC'') increase (from $4.50 
to $6.00) would provide the FAA and airports with more capital 
and flexibility to target investments and meet airport capital 
needs. In addition to raising the PFC cap, FAA's proposal would 
expand the types of projects for which PFCs can be used to 
encompass any airport capital project that is eligible to be 
funded with airport revenue, provided that the project is not 
anticompetitive.

THE PRESIDENT'S FISCAL YEAR 2009 FEDERAL AVIATION ADMINISTRATION BUDGET

    On February 7, 2008, the Subcommittee held a hearing to 
consider the Administration's FY 2009 budget request for the 
FAA. The FAA's 2009 request was for $14.64 billion, $272 
million less than the FY 2008 enacted funding level. The 
Administration's FY 2009 budget request provides $2.75 billion 
for the AIP program--$764.5 million less than the FY 2008 
enacted funding level of $3.5 billion, and $1.15 billion less 
than the authorized level proposed by H.R. 2881 for FY 2009. 
For F&E, the Administration requested a slight increase to 
$2.72 billion, and for operations, $9.0 billion.
    In addition, the Administration's FY 2009 budget requested 
again to transform the FAA's current excise tax financing 
system to a hybrid cost-based user fee system that would take 
effect in FY 2010. Under this proposal, which is similar to the 
FAA's reauthorization proposal from last year, the FAA's 
financing sources shift from a mix of fuel taxes, other excise 
taxes, and a general fund contribution to user fees, fuel taxes 
and a general fund contribution. The Administration's hybrid 
cost-based user fee proposal was not included in either the 
House or the Senate versions of FAA reauthorization legislation 
developed in the 110th Congress.
    In addition to the FAA, both the DOT IG and the GAO 
testified at the budget hearing and raised issues regarding ATC 
modernization, controller workforce staffing, ATC facility 
maintenance, airspace congestion, runway safety and safety 
oversight.

                              Legislation

    H.R. 2881, the FAA Reauthorization Act of 2007, which 
passed the House on September 20, 2007, provides historic 
funding levels for the FAA between FY 2008 and FY 2011: $15.8 
billion for the AIP; $13 billion for F&E $37.2 billion for 
operations; and $1.82 billion for RE&D. The increase in F&E 
funding will accelerate the implementation of NextGen and 
enable FAA to make needed repairs and replacement of existing 
facilities and equipment; and allow for the implementation of 
high-priority safety-related systems.
    The House Ways & Means Committee included a modest increase 
in the general aviation jet fuel tax rate from 21.8 cents per 
gallon to 35.9 cents per gallon; and increases the aviation 
gasoline tax rate from 19.3 cents per gallon to 24.1 cents per 
gallon to provide for the robust capital funding required to 
modernize the ATC system, as well as to stabilize and 
strengthen the Airport and Airway Trust Fund (``Aviation Trust 
Fund'').
    2. Evaluation of FAA's Facilities and Equipment Program. 
The FAA's F&E program includes development, installation, and 
transitional maintenance of navigational and communication 
equipment to aid aircraft travel. This program supplies 
equipment for more than 3,500 facilities, including ATC towers, 
flight service stations in Alaska, and radar facilities. The 
F&E program is also the FAA's primary vehicle for modernizing 
the NAS. Broadly defined, the term ``NAS modernization'' refers 
to the FAA's ongoing effort to obtain new surveillance, 
automation, and communications systems. The FAA's original plan 
to modernize the ATC system began in the early 1980s and was 
supposed to be completed by the early 1990s at a projected cost 
of $12 billion. Unfortunately, NAS modernization has been 
fraught with significant cost overruns, delays, and high-
profile failures--most notably the FAA's original program, the 
Advanced Automation System (``AAS''). In 1994, the FAA 
cancelled portions of the AAS program and split the remaining 
systems into several phases, and in some cases, re-bid the 
contracts. More recently, the Standard Terminal Automation 
Replacement System, the Wide Area Augmentation System, and the 
Airport Surveillance Radar-Model 11 programs have experienced 
overruns and schedule slips. The GAO estimates that, to date, 
the FAA has spent $43.5 billion on NAS modernization. The FAA 
has been working to address the problems with several of these 
programs. In fact, both the GAO and the DOT IG have noted 
improvements in how major acquisitions have been managed since 
the establishment of the Air Traffic Organization (``ATO''). 
The DOT IG noted last year that they are not seeing the massive 
cost growth or schedule slips of the past. The Subcommittee 
will continue to oversee FAA's major legacy acquisitions and 
the FAA's attempts to develop and implement the NextGen.

                                Hearings


            THE FUTURE OF AIR TRAFFIC CONTROL MODERNIZATION

    On May 9, 2007, the Subcommittee held a hearing to consider 
the future of ATC modernization. The present-day NAS consists 
of a network of en route airways, much like an interstate 
highway grid in the sky, interconnected by ground-based 
navigation facilities that emit directional signals that 
aircraft track. Limits on the transmission distances of these 
signals prevent aircraft from flying direct routes on long-
distance flights and limit the utilization of airspace to 
predefined routes where aircraft can reliably transition from 
one navigational signal to the next. The DOT predicts up to a 
tripling of passengers, operations, and cargo by 2025. Congress 
created the JPDO in Vision 100 and tasked it with developing 
NextGen to meet anticipated traffic demands. The NextGen plan 
that is under development will consist of new concepts and 
capabilities for air traffic management and communications, 
navigations and surveillance that rely on satellite-based 
capabilities; data communications; shared and distributed 
information technology architectures that will support 
strategic decisions; and enhanced automation.
    The FAA and JPDO testified to the status of NextGen's 
various planning and concept documents. GAO and the DOT IG 
discussed concerns regarding technical and contract management 
skills at FAA and JPDO's ability to involve key stakeholders in 
the planning efforts. FAA's Federally Funded Research and 
Development Center, MITRE, discussed the need to have the 
entire aviation community involved in the implementation 
because of the changes needed in aircraft as well as air 
traffic systems together with procedures and airspace changes. 
The manufacturing industry shared concerns that the FAA and 
JPDO need to be more aggressive in taking advantage of near-
term solutions and be provided with enough resources to create 
the regulations, policies and certification approvals needed. 
Labor reiterated the need to be included in the process, since 
it will need to operate the system.

 THE TRANSITION FROM FAA TO CONTRACTOR-OPERATED FLIGHT SERVICE STATIONS

    On October 10, 2007, the Subcommittee on Aviation held a 
hearing on the transition from FAA to contractor-operated 
flight service stations (``FSS''), per an investigation by O&I 
staff. On February 1, 2005, the FAA awarded Lockheed Martin a 
five-year, fixed-price contract (with five additional option 
years) to operate and modernize the FSS system that provides 
weather information and flight plan filing services to pilots 
on the ground and in the air. The contract is worth about $1.8 
billion and represents one of the largest non-defense 
outsourcing of services in the federal government. The FAA 
estimates that by contracting out FSS, it will save between 
approximately $1.7 and $2.2 billion over the ten-year life of 
the agreement.
    The first phase of the FSS transition to Lockheed Martin 
ran smoothly. However, in 2007, Lockheed Martin launched an 
aggressive implementation plan, declaring its three hub 
locations operational and consolidating other FSS locations at 
a rate of three facilities per week. Within days, service to 
pilots deteriorated dramatically. As a result of the 
investigation, the FAA has significantly tightened management 
oversight of the contractor. Substantial monetary performance 
penalties on the contractor have been assessed, and the 
performance of FSS services began to slowly improve. By the 
summer of 2008 (the period of highest demand), FSS services had 
steadily improved, and the contractor was meeting all FAA-
defined performance objectives. However, high fuel prices 
contributed to less overall demand for FSS services.

 NEXTGEN: THE FAA'S AUTOMATIC DEPENDENT SURVEILLANCE--BROADCAST (``ADS-
                             B'') CONTRACT

    On October 17, 2007, the Subcommittee held a hearing to 
consider the FAA's ADS-B contract. In the United States, ATC 
surveillance and aircraft separation services are provided by 
the use of primary and secondary surveillance radar systems, 
and air traffic controllers who are directly responsible for 
ensuring adequate separation between aircraft receiving radar 
services. While radar technology has advanced over the last 
several decades, it has limitations. ADS-B is the FAA's 
flagship program to transition to satellite-based surveillance. 
For the last few years, the FAA has tested and demonstrated 
ADS-B in Alaska (the ``Capstone Program'') and the Ohio River 
Valley (``Safe Flight 21''), and it signed a Memorandum of 
Agreement with the Helicopter Association International, 
helicopter operators and oil and gas platform owners in the 
Gulf of Mexico, to facilitate ADS-B implementation in the Gulf. 
The FAA awarded a service contract to begin nationwide 
deployment of ADS-B and published a proposed rulemaking 
mandating that aircraft operating in certain classes of 
airspace equip with ADS-B avionics by 2020.
    The DOT IG testified at the hearing that realistic 
expectations of ADS-B benefits must be set and understood, ADS-
B must demonstrate the same level of service that radar now 
provides before advanced capabilities are attempted such as 
reducing distances between aircraft in congested airspace, and 
the FAA must execute controls of the service contract for ADS-B 
to keep cost overruns to a minimum and implementation on 
schedule. MITRE discussed the benefits of ADS-B are dependent 
on achieving appropriate ground automation system upgrades, 
avionics equipage rates, and operational procedure development. 
Labor testified to its concern that ADS-B be appropriately 
certified as safe before it is used in the NAS.

                     Briefings/Roundtable Meetings

    The MITRE Corporation briefed the Aviation Subcommittee on 
the status of NextGen on February 28, 2007.
    On March 15, 2007, the FAA briefed the Aviation 
Subcommittee on NextGen status.

                              Legislation

    H.R. 2881 provided $13 billion for FAA F&E--the FAA's 
primary vehicle for modernizing the national airspace system--
over $1 billion more than the Administration's proposal. 
Increased funding will: accelerate the implementation of 
NextGen; enable FAA to replace and repair existing facilities 
and equipment; provide for the implementation of high-priority 
safety-related systems, including systems to prevent runway 
incursions as well as mitigate weather and aircraft wake vortex 
hazards. To increase the authority and visibility of the JPDO, 
which is tasked with developing the plan for NextGen, H.R. 2881 
elevates the Director of the JPDO to the status of Associate 
Administrator of NextGen within the FAA, reporting directly to 
the FAA Administrator. In addition, H.R. 2881 requires annual 
reporting on NextGen-related deliverables and contains 
provisions to hold FAA vendors accountable for providing safe, 
quality services for ADS-B and FSS. Moreover, H.R. 2881 
authorizes GAO, DOT IG, and National Research Council audits 
and reports related to NextGen that will help Congress exercise 
its oversight responsibilities. It also establishes a process 
for including and collaborating with employee groups in the 
planning, development and deployment of ATC modernization 
projects, including NextGen.
    3. Safety Programs. Due to high costs, many of the airline 
industry's legacy carriers are resorting to closing their own 
maintenance bases and are increasing their use of outside 
maintenance providers to perform critical long-term 
maintenance, including: airframe repairs, aging aircraft 
modifications, engine overhauls, and advanced avionics 
maintenance. At the end of calendar year 2005, nine of the 
major airlines were spending 62 percent of their approximately 
$5.5 billion maintenance dollars on outsourced maintenance 
providers. This increased use of outside maintenance vendors 
creates several challenges for the FAA, not the least of which 
is ensuring that it has adequate resources to oversee the 
organizations actually conducting the maintenance work. The 
Subcommittee continued to monitor the FAA's ability to oversee 
air carrier safety programs, including domestic and foreign 
repair station work. In addition to FAA oversight of aircraft 
maintenance, the Subcommittee focuses on runway safety, FAA 
safety rulemakings, fatigue, and other important safety issues.

                                Hearings


   THE FEDERAL AVIATION ADMINISTRATION'S OVERSIGHT OF OUTSOURCED AIR 
                          CARRIER MAINTENANCE

    On March 29, 2007, the Subcommittee held a hearing to 
review the FAA's oversight of outsourced air carrier 
maintenance. To stay competitive and avoid bankruptcy, or 
recover from bankruptcy in the post-September 11th era, many of 
the airline industry's legacy air carriers have closed their 
own maintenance bases and have increased their use of outside 
maintenance companies to perform critical long-term 
maintenance, including: airframe repairs, aging aircraft 
modifications, engine overhauls, and advanced avionics 
maintenance. Air carriers have chosen to outsource maintenance 
to reduce costs. In addition, repair stations provide 
specialized maintenance expertise and equipment in areas such 
as engine repairs that air carriers do not have in-house. At 
the time of the hearing, there are approximately 4,231 domestic 
and 697 foreign FAA-certificated repair stations. Whether 
maintenance is performed by the air carriers or organizations 
they contract with, the air carriers are responsible for 
maintaining oversight and ensuring the quality and safety of 
the maintenance performed on their aircraft. It is the FAA's 
responsibility to ensure that the air carriers are conducting 
their oversight effectively.
    The DOT IG, who testified at the hearing, made several 
recommendations to improve FAA's oversight of air carrier 
maintenance, including that the FAA must determine trends in 
air carriers' use of repair stations; find out which repair 
stations air carriers are using to perform maintenance; perform 
more detailed reviews of those facilities that air carriers use 
the most; and take steps to ensure foreign authorities are 
following FAA standards in conducting inspections. In addition, 
the DOT IG found that air carriers also use so-called non-
certificated repair facilities. While these non-certificated 
facilities have been used for years for minor maintenance, the 
DOT IG found that these facilities are performing work that is 
critical to the airworthiness of an aircraft but without the 
same oversight and regulatory requirements as certificated 
repair facilities. The FAA testified that it has responded to 
several of the DOT IG's recommendations and will continue to 
increase its oversight of all repair stations.

                             RUNWAY SAFETY

    On February 13, 2008, the Subcommittee held a hearing on 
runway safety. Airport ground operations include take offs and 
landings, taxiing operations, movement to and from gates, and 
the movement of airport ground vehicles to support aircraft and 
airport operations. Maintaining safe operations in the airport 
environment is a major concern. A runway incursion is ``any 
occurrence in the runway environment involving an aircraft, 
vehicle, person, or object on the ground that creates a 
collision hazard or results in a loss of required separation 
when an aircraft is taking off, intending to take off, landing, 
or intending to land.'' The GAO reported that the rate of 
runway incursions in 2007 had increased to 6.05 incidents per 
million operations. This represented a 12 percent increase over 
2006 and the highest since 2001.
    The GAO testified that the FAA National Runway Safety Plan 
was out of date and that the Agency's runway safety incursion 
efforts were uncoordinated. GAO stated that controller fatigue 
may play a role in runway safety, noting that controllers are 
working 6-day weeks due to staffing shortages. The GAO 
recommended that FAA establish a non-punitive system where 
controllers could report safety risks. Furthermore, the GAO 
stated FAA needs to improve its data collection on runway 
incursion incidents. Finally, the GAO raised concerns regarding 
delays in the deployment of runway safety systems and 
technologies.
    In its testimony, the FAA testified that it was testing and 
deploying several new technologies aimed at improving runway 
safety, including systems that alert pilots and crew to 
possible obstructions on the runway. FAA has also undertaken 
efforts to improve runway markings and improve worker training. 
FAA asked air carriers to conduct reviews of their current 
procedures, specifically focusing on those activities 
undertaken by a flight crew between pushback and takeoff, with 
the objective of limiting the number of distractions for pilots 
during this critical phase of operations.

    CRITICAL LAPSES IN FAA SAFETY OVERSIGHT OF AIRLINES: ABUSES OF 
                  REGULATORY ``PARTNERSHIP PROGRAMS''

    On April 3, 2008, the Committee held a hearing on critical 
lapses in FAA regulatory oversight: abuses of regulatory 
partnership programs. The hearing was a result of an 
investigation by the O&I staff that revealed major systemic 
problems in FAA regulatory oversight, and the development of an 
overly ``cozy'' relationship between the FAA and the airlines 
it is charged with regulating.
    This investigation was stimulated by two FAA inspectors, 
who provided evidence of major violations of Federal Aviation 
Regulations. The evidence documented that the FAA maintenance 
supervisor for Southwest Airlines (``SWA'') knowingly allowed 
the airline to operate aircraft in passenger service in March 
2007, well after the inspection deadlines on mandatory 
Airworthiness Directives (``ADs''). The evidence presented at 
the hearing demonstrated a systematic pattern of failure to 
exercise the required regulatory oversight by the FAA office 
overseeing SWA, and to ensure carrier compliance for years 
prior to this occurrence. It also suggested that FAA senior 
management was aware of these abuses of the regulations for 
nearly a year prior to their disclosure in March 2008 and were 
seeking to cover it up. On March 6, 2008, the FAA notified SWA 
of a $10.2 million civil penalty action that were in violation 
of the AD. Subsequently, SWA grounded an additional 41 planes 
for inspections.
    At the hearing and shortly thereafter, the FAA acknowledged 
significant lapses in oversight, continued the inspection 
crackdown, placed several supervisors on administrative leave, 
and grounded more than 700 aircraft at several major airlines, 
which resulted in thousands of flight cancellations.
    On April 18, 2008, the Secretary announced numerous reforms 
and appointed an Independent Review Team (``IRT'') to evaluate 
the findings of this investigation and to make recommendations 
for FAA reform. On September 2, 2008, the IRT presented their 
report to the Secretary and made 13 recommendations in response 
to the findings of this investigation. The Secretary has 
directed the Acting FAA Administrator to implement these 
recommendations.

                        RUNWAY SAFETY: AN UPDATE

    On September 25, 2008, the Subcommittee met to receive 
testimony on runway safety. This hearing was a follow-up to the 
Subcommittee's February 13th hearing on the issue. With an 
anticipated increase in passenger traffic, maintaining safe 
ground operations for take offs and landings, taxiing 
operations, and movement to and from gates remains critical. 
GAO reported that rate of runway incursions had increased to 
6.75 incidents per million operations for the first three 
quarters of FY 2008. As of the hearing date, there were 25 
severe runway incursions in FY 2008, which was slightly higher 
than the previous fiscal year.
    GAO indicated that FAA had made significant progress in 
deploying safety technologies, but noted that FAA still has 
work to do in addressing human factors by increasing training 
for pilots and air traffic controllers as well as revising 
procedures. As of the hearing date, FAA had deployed runway 
status lights at 22 major airports and Airport Surface 
Detection Equipment Model-X (known as ASDE-X) was operational 
at 17 airports. FAA was moving forward with several other 
technologies to assist pilots and ground crew in enhancing 
situational awareness, ground markings and signals, and 
increased taxiing areas.
    An executive at the Dallas/Fort Worth International Airport 
testified that the airport's multi-faceted approach in all of 
these areas had increased the safety at that airport. The FAA 
also testified that it is moving forward with work on the human 
factors by developing a voluntary safety reporting system for 
air traffic controllers and working with pilots to understand 
pilot errors. The FAA noted at the hearing that it conducted 
the first annual Fatigue Symposium to better understand the 
effect of fatigue in the aviation environment.

     FAA AIRCRAFT CERTIFICATION: ALLEGED REGULATORY LAPSES IN THE 
          CERTIFICATION AND MANUFACTURE OF THE ECLIPSE EA-500

    On September 17, 2008, the Subcommittee on Aviation held a 
hearing on FAA aircraft certification: alleged regulatory 
lapses in the certification and manufacture of the Eclipse EA-
500. O&I staff and the DOT IG investigated allegations that the 
FAA rushed to approve both the type (``TC'') and production 
certifications (``PC'') of a new very light jet (``VLJ''), the 
Eclipse EA-500, despite safety concerns with the design and 
manufacturing of the aircraft raised by a number of FAA 
certification engineers and aviation safety inspectors. FAA 
certification engineers and inspectors who insisted on 
correction of these design deficiencies before certification 
were allegedly relieved of their duties with the Eclipse 
program by senior FAA management and replaced by those more 
amenable to management's desire to certify the aircraft by an 
Agency self-imposed deadline of September 30, 2006.
    The FAA admitted to mistakes during the Eclipse 
certification, but it claimed that no Federal regulations were 
violated. However, when the findings and assertions uncovered 
in this investigation are viewed in total, there is a 
disturbing suggestion that there was a ``cozy relationship'' 
and reduced level of vigilance on the FAA's part during both 
the TC and the PC approval process of the EA-500. Based upon 
the results of the DOT IG investigation, and the conclusions of 
the FAA's ``lessons learned'' review, and--most importantly--
the problems that continue to impact pilots, the DOT IG thinks 
that FAA should have exercised greater diligence in certifying 
the EA-500 design because the EA-500 represented a new class of 
aircraft.
    When design deficiencies were identified that were non-
compliant with FAA certification requirements, senior FAA 
management became personally involved in the certification, 
overruled lower-level engineers and inspectors, and worked to 
find alternate means of compliance approval. One broad policy 
issue that needs further examination relates to the many 
``loopholes'' FAA has at its disposal to find ``alternative 
means of compliance'' or ``equivalent levels of safety'' for 
certification regulations. Thus, the allegations and findings 
in this case are cause for concern and suggest the immediate 
need for a broad policy review of FAA certification practices.

                     Briefings/Roundtable Meetings

    On June 12, 2008, the FAA Associate Administrator for 
Safety, Nick Sabatini briefed the Aviation Subcommittee 
regarding steps being taken by the FAA since the April 3, 2008, 
Committee hearing on critical lapses in aviation security.

                              Legislation

    H.R. 2881 includes several safety provisions, such as 
authorizing $42 million for runway incursion reduction programs 
and $74 million for runway status light acquisition and 
installation, as well as requiring FAA to develop a plan to 
install and deploy systems to alert controllers or flight crews 
to potential runway incursions. This bill increases the number 
of aviation safety inspectors and also requires safety 
inspections of foreign repair stations at least twice a year. 
It requires the FAA to commence a rulemaking to ensure that 
covered maintenance work (substantial, regularly scheduled and 
required inspection items) on air carrier aircraft is performed 
by part 145 repair stations or part 121 air carriers. There are 
also provisions dedicated to studying fatigue, as well as 
directing the FAA to initiate action to ensure crewmember 
safety by applying occupational health standards on-board 
aircraft.
    In addition, on July 22, 2008, the House passed H.R. 6493, 
the Aviation Safety Enhancement Act of 2008, which addresses 
several issues raised by FAA whistleblowers and others at the 
April 3, 2008, Full Committee hearing on ``Critical Lapses in 
FAA Safety Oversight of Airlines: Abuses of Regulatory 
`Partnership Programs' ''. The legislation would create an 
independent Aviation Safety Whistleblower Investigation Office 
within the FAA, charged with receiving safety complaints and 
information submitted by both FAA employees and employees of 
certificated entities, investigating them, and then 
recommending appropriate corrective actions to the FAA. It 
would direct the FAA to modify its customer service initiative 
to remove air carriers or other entities regulated by the 
Agency as ``customers,'' to clarify that in regulating safety 
the only customers of the Agency are individuals traveling on 
aircraft. In addition, a two-year ``post-service'' cooling off 
period for FAA inspectors is established, and FAA is required 
to rotate supervisory principal maintenance inspectors between 
airline oversight offices every five years. Monthly reviews of 
the Air Transportation Oversight System database is required to 
ensure that trends in regulatory compliance are identified and 
appropriate corrective actions are taken.
    4. Controller Workforce Staffing. FAA controllers staff 
some 316 federally operated facilities. The FAA states that to 
address expected air traffic controller retirements, more than 
11,800 controllers will need to be hired through FY 2015. In 
2006, the FAA hired 1,116 controllers. Because the total loss 
of controllers (including retirements) was slightly higher than 
estimated, the FAA adjusted its hiring in September 2006 to 
bring in more new hires in that fiscal year. In FY 2007, the 
FAA plans to hire approximately 1,386 controllers. Currently, 
the FAA has approximately 2,000 eligible controller candidates 
on a hiring waitlist. In addition, the FAA has about 2,000 
candidates that have been selected by the Central Selection 
Panels in the last three to six months and are going through 
the approval process. There are also approximately 500 -- 800 
Collegiate Training Initiative (``CTI'') graduates each year 
that are added to the hiring pool. However, hiring new 
controllers is a complex process. Controllers are highly 
skilled professionals and it takes several years to complete 
on-the-job training. According to the FAA, the failure rate for 
controller trainees in both the FAA Academy and in ATC 
facilities is approximately five and eight percent, 
respectively. Replacing a controller who retires must begin 
several years in advance. The Subcommittee will continue to 
monitor FAA's implementation of its Controller Workforce Plan.

                                Hearings


                 AIR TRAFFIC CONTROL FACILITY STAFFING

    On June 11, 2008, the Subcommittee held a hearing regarding 
ATC facility staffing issues, including concerns about staffing 
alignment and training at such facilities. The FAA is 
experiencing a wave of air traffic controller retirements due 
in large part to the Professional Air Traffic Controllers 
Organization strike in 1981, and subsequent firing of a 
significant number of controllers. This is because most of the 
FAA's current 14,800 controllers that were hired during the mid 
to late 1980's to replace fired controllers are now eligible to 
retire. The FAA states that it will need to hire more than 
17,000 controllers through FY 2017. Since the end of FY 2005, 
the FAA has hired more than 5,000 controllers.
    There were 583 controller retirements in 2006, 828 in 2007 
and, between 2008 and 2017, the FAA projects that 7,068 of the 
current controller workforce will retire. In addition, the FAA 
estimates that an additional 5,316 controllers will leave for 
other reasons to include promotion, reassignment, resignation 
and removal. In 2007, the FAA hired 1,815 developmental 
controllers; in 2008 plans to hire 1,877, and in 2009, the 
target is 1,914. This pace is expected to continue for at least 
the next ten years. The FAA's objective is to reach a workforce 
level, larger than the current one, totaling 16,371, by 2017.
    The DOT IG, who testified at the hearing, raised concerns 
about the ratio of experienced controllers and controller 
trainees at ATC facilities, which could present safety and 
operational issues. The DOT IG made a number of recommendations 
to the FAA, including ensuring that: controller staffing 
reports reflect the number of developmental controllers at each 
individual facility; and realistic standards are established 
for the level of developmental controllers that the facilities 
can accommodate. Moreover, NATCA expressed concerns at the 
hearing that the shortfall in the number of experienced 
controllers has led to: more controller fatigue because 
controllers are working longer days for sustained periods; an 
alleged increase in the number of operational errors; and 
increased delays because there are not enough controllers 
available to safely manage demand. The FAA testified that it is 
on track to meet its hiring goals, and that its staffing ranges 
for each facility take into account the number of developmental 
controllers and the training that is required for those 
controllers.

                              Legislation

    H.R. 2881, directs the FAA to enter into an arrangement 
with the National Academy of Sciences to conduct a study of 
assumptions and methods used by the FAA to estimate staffing 
needs for FAA air traffic controllers, as well as to conduct a 
study that will assess the adequacy of training programs for 
air traffic controllers. In addition, this legislation 
addresses the CTI and directs the Administrator to conduct a 
study of training options for graduates of these programs. The 
study will review the impact of providing a new controller 
orientation session for graduates. As a component of this work 
the study will analyze the cost effectiveness of this 
alternative training approach as well as the effect that such 
alternative training would have on the overall quality of 
training received by CTI graduates.
    5. Airline Industry. U.S. commercial aviation contributes 
to $1.2 trillion in output and approximately 11.4 million U.S. 
jobs. Between 2001 and 2005, the aviation industry posted $35 
billion in cumulative net losses, including a $5.7 billion net 
loss in 2005. Contributing to these losses are the economic 
slowdown, a decline in business travel, the aftermath of the 
September 11th terrorist attacks, the SARS epidemic, increased 
competition within the industry, and record fuel prices. 
Several airlines declared bankruptcy and some continue to 
restructure through that process. U.S. Airways withdrew its bid 
to take over Delta Airlines, which is still in bankruptcy. Such 
a merger could have had an adverse impact on fares, 
competition, and service to small communities, and also might 
have sparked other mergers between large network carriers. As 
to the airlines' future financial condition, an airline 
association forecasted earnings of $2-3 billion for 2006 and $4 
billion for 2007 for U.S. passenger and cargo airlines. 
However, because airline debt level remains high, this industry 
is still vulnerable to fuel spikes, recession or other external 
issues (e.g., terrorism). The Subcommittee will continue to 
monitor the health of the airline industry and the potential 
impacts of any industry consolidation.

                                Hearings


 IMPACT OF CONSOLIDATION ON THE AVIATION INDUSTRY, WITH A FOCUS ON THE 
     PROPOSED MERGER BETWEEN DELTA AIR LINES AND NORTHWEST AIRLINES

    On May 14, 2008, the Subcommittee held a hearing regarding 
the impact of consolidation on the aviation industry, with a 
focus on the proposed merger between Delta Air Lines and 
Northwest Airlines. On April 15, 2008, Delta and Northwest 
announced an agreement in which the two carriers will merge in 
an all-stock transaction with a combined value of $17.7 
billion. The new airline will retain the Delta brand and will 
headquarter in Atlanta. The airlines claimed that the 
transaction will generate more than $1 billion in annual 
revenue and cost synergies from more effective aircraft 
utilization, a more comprehensive and diversified route system, 
reduced overhead and improved operational efficiency.
    During the hearing, several concerns were raised about the 
merger, including decreased competition, higher fares, and 
deterioration in the quality of service. Opponents argued that 
a combined Delta/Northwest would be a generally bigger 
competitor at their hubs (e.g. Atlanta, John F. Kennedy 
International, Minneapolis-St. Paul), and have a greater 
ability to discourage competitors from entering the market. 
Delta/Northwest argued that the growth of low-cost carriers has 
created new competition that would offset historical regulatory 
concerns with mergers. However, opponents argue that over-
reliance on low-cost carriers is not the answer. Because low-
cost carriers do not serve many of the same markets that the 
large network carriers serve, they may not offer the same 
benefits as network carriers, such as frequent flier benefits 
to foreign destinations, and many are struggling financially.
    Concerns were also raised about international competition. 
Delta/Northwest argue that a merger will allow them to compete 
on a more equal footing with other larger international 
carriers. However, the three large alliances (Star, SkyTeam and 
Oneworld), of which Delta and Northwest already belong, 
dominate the lucrative North Atlantic international market, 
where significant entry barriers still exist. In addition, many 
of these alliance partners have antitrust immunity, which 
allows them to coordinate on prices, capacity and customer 
service issues. In particular, concerns have been expressed 
that in the U.S.-Continental Europe market, where immunized 
alliances (i.e., SkyTeam and Star) already control a 
significant share of the traffic, the consolidation of U.S. air 
carriers would further concentrate the market share within 
these alliances, thereby making it more difficult for new 
competitors to enter the market.
    In addition, customer service and employee integration 
issues were raised. Witnesses testified that consumer service 
generally falls by the wayside while integrating cultures, and 
dealing with employee unrest over potential closing of 
facilities and the integration of seniority lists.
    On October 28, the Department of Justice closed its 
investigation of the Delta/Northwest proposed merger, thus 
allowing the companies to consummate the deal.

  EFFECTS OF PROPOSED ARRANGEMENT BETWEEN DHL AND UPS ON COMPETITION, 
                    CUSTOMER SERVICE, AND EMPLOYMENT

    On September 16, 2008, the Full Committee met to examine 
the effects of the proposed arrangement between DHL and UPS on 
competition, customer service, and employment. DHL Express 
(``DHL'') and the United Parcel Service (``UPS'') are 
competitors in providing air express package delivery service, 
in which packages are generally picked up by trucks, moved by 
air, and then delivered to the ultimate destination by truck. 
Because DHL is a German company, it is restricted from 
operating its own air carrier in the United States. For the 
past few years, DHL contracted with two U.S. air carriers (ABX 
Air and ASTAR) to provide the airlift portion of its service. 
DHL was experiencing severe economic losses and contended that 
it was too costly for it to contract with two separate air 
carriers. Therefore, on May 28, 2008, DHL and UPS announced 
that they intended to enter into an agreement for UPS to 
provide airlift transportation services for DHL's domestic 
express and international package volume in the United States, 
and between the United States, Mexico, and Canada.
    DHL testified that this agreement would be the only way 
that it could continue to maintain its presence in the U.S. 
market due to the economic losses that is has experienced. The 
proposal has drawn attention because DHL is trying to remain a 
competitor with UPS, while also handing over its airlift 
operations to UPS. Moreover, the City of Wilmington, Ohio, 
where DHL's hub is located, was estimated to lose approximately 
10,000 jobs and revenue if this deal is consummated. As of the 
hearing date, DHL and UPS had not consummated an agreement.
    During the hearing, numerous concerns were raised about the 
effects of the proposed agreement on the express delivery 
market, including antitrust and anticompetitive concerns. DHL 
testified that it has no intention of leaving the U.S. market 
and that this agreement would allow it to remain a viable 
competitor. Officials from Ohio, including the Mayor of 
Wilmington, Senator Brown, and the Lt. Governor, and ABX and 
ASTAR all testified that they would be willing to work with DHL 
and its air service providers to find an alternative plan to 
keep DHL's hub in Wilmington and to keep the thousands of jobs 
that are on the line. Some also contended that the arrangement 
would be the first step to DHL's complete withdrawal from the 
United States.
    On November 10, 2008, DHL announced it was closing its U.S. 
domestic air and ground business.

                     Briefings/Roundtable Meetings

    On July 16, 2008, the Aviation Subcommittee was briefed by 
experts regarding the impact of fuel prices on the airline 
industry.
    6. International Aviation. On November 18, 2005, the United 
States and the European Union (``EU'') reached agreement on the 
text of a first-stage comprehensive air transport agreement and 
related Memorandum of Consultations. If approved by the EU 
Transport Council, the agreement would replace existing 
bilateral agreements with the Member States, thus establishing 
Open Skies between the United States and the entire EU. 
Although not formally a part of the Open Skies agreement, the 
issue of foreign investment in U.S. air carriers became a 
pivotal issue to the discussions between the United States and 
the EU. There was strong, bipartisan opposition to a DOT 
proposal to define evaluation criteria for determining ``actual 
control'' of foreign interests on U.S. airlines. In the face of 
this bipartisan, bicameral opposition, DOT withdrew the 
proposal on December 5, 2006. The EU has not yet decided 
whether to endorse the proposed Open Skies agreement without 
the change in foreign investment policy. The United States and 
EU are set to resume formal negotiations in February. In 
addition, the European Commission has developed a legislative 
proposal to extend its Emissions Trading Scheme to cover civil 
aviation. The Commission's intent is to cover all flights 
departing to or from EU airports, including those of non-EU 
airlines. The United States has serious questions about such an 
initiative, including the underlying science, the potential for 
discriminatory impacts, and the legal practicability of a 
mandatory international system. The Subcommittee will be 
monitoring these important international aviation issues this 
session.

                                Hearings


                AVIATION AND THE ENVIRONMENT: EMISSIONS

    On May 6, 2008, the Subcommittee held a hearing on aviation 
emission issues. In the last 40 years, aviation emissions per 
passenger mile have decreased by 70 percent. According to the 
FAA, aviation carbon dioxide (``CO2'') emissions 
dropped in the United States by 4 percent between 2000 and 
2006, at the same time, commercial aviation moved 12 percent 
more passengers and 22 percent more freight. Without further 
improvements to engine, airframe technology, or air traffic 
management, preliminary computations by FAA show that aviation 
noise and emissions are likely to increase by 140-200 percent 
by 2025.
    Historically, most of the substantial aviation 
environmental gains have come from new technologies. The FAA's 
goal is to encourage a fleet of quieter, cleaner aircraft that 
operate more efficiently with less energy. FAA states that 
implementation of NextGen will have a dual impact of 
modernizing the aviation system while providing benefits to the 
environment, including reducing the number of people exposed to 
significant noise and emissions levels and aircraft fuel 
consumption rates. Both airline and airport representatives 
testified that there are great incentives to reduce emissions, 
especially with increased fuel costs. Air carriers are 
employing a wide variety of procedures to reduce fuel 
consumption, including: single-engine taxi procedures and 
selective engine shutdown during ground delays; cruising longer 
at higher altitudes and employing shorter, optimizing flight 
planning for minimum fuel-burn routes and altitudes and by 
using newer aircraft. Fuel costs are also motivating air 
carriers, airports and manufacturers to look at innovations in 
alternative fuels to decrease long-term cost and emissions.
    A representative from the EU also briefed the Subcommittee 
about its proposed directive to cover civil aviation under its 
Emissions Trading Scheme (``ETS''), which is intended to reduce 
CO2 and other greenhouse gases. The proposed 
directive unilaterally includes the United States and other 
non-EU airlines and sidesteps the normal process for dealing 
with aircraft emissions through the ICAO and international air 
service agreements. Hearing participants roundly criticized 
this EU unilateral directive.

                              Legislation

    With regard to foreign investment, H.R. 2881 clarifies the 
term ``actual control'' as it pertains to the definition of a 
``citizen of the United States.'' This provision states that an 
air carrier shall not be deemed to be under the ``actual 
control'' of U.S. citizens unless U.S. citizens control all 
matters pertaining to the business and structure of the air 
carrier, including operational matters such as marketing, 
branding, fleet composition, route selection, pricing and labor 
relations.
    H.R. 2881 also includes a sense of Congress that the EU 
directive should not extend its emissions trading proposal to 
international civil aviation without working through the ICAO.
    7. Security Programs. Congress passed the Intelligence 
Reform and Terrorism Prevention Act of 2004 to implement the 
recommendations of the 9/11 Commission. This legislation also 
included aviation security provisions, such as pilot licensing, 
biometrics technology for airport access control, screening 
technology at airport passenger check points and checked 
baggage systems, and missile defense systems for civil 
aircraft. The Subcommittee will continue its oversight 
responsibility of programs administered by the Department of 
Homeland Security and the Transportation Security 
Administration on matters that directly affect the civil 
aviation system.

                                Hearings


                      AVIATION SECURITY: AN UPDATE

    On July 24, 2008, the Subcommittee held a hearing to review 
updates on aviation security. Before the terrorist attacks of 
September 11, 2001, aviation security in the United States was 
shaped largely as a result of past events such as the 
proliferation of domestic hijackings between 1961 and 1972 and 
the 1988 bombing of Pan Am flight 103. Following the attacks of 
September 11, 2001, Congress made significant changes to 
aviation security policy and strategy, including federalizing 
the screener workforce and requiring 100 percent screening of 
carry-on and checked baggage. On March 26, 2007, the U.S. 
Department of Homeland Security released the National Strategy 
for Aviation Security; the strategy aligns federal government 
aviation security programs and initiatives into a comprehensive 
and cohesive national effort involving appropriate federal, 
state, local, and tribal governments and the private sector to 
provide active layered aviation security for the United States.
    The hearing focused on progress made in aviation security 
with regard to screening procedures and technologies, domestic 
passenger air cargo, secure flight--United States visitor and 
immigrant status indicator technology, and foreign repair 
stations. Special focus was paid to screening procedures and 
technologies including: passenger and carry-on baggage 
screening; checked baggage screening; employee screening pilot 
program; transportation security officers staffing; crew 
personnel advanced security system; registered traveler 
program; and biometrics. The Assistant Secretary of Homeland 
Security highlighted TSA's new ``checkpoint evolution,'' which 
includes improved security, better training, process, and 
technology. GAO reported that TSA made limited progress in 
developing and deploying checkpoint technologies; it had a 
large challenge to screen 100 percent of cargo; and continued 
challenges with development and implementation of the Secure 
Flight program. Others within the aviation community shared 
their positions on TSA's checkpoint evolution, other security 
projects, process and technologies.

                     Briefings/Roundtable Meetings

    On March 8, 2007, TSA Administrator Kip Hawley presented a 
classified briefing covering a variety of aviation security 
issues.
    On April 17, 2007, TSA Administrator Kip Hawley presented a 
classified briefing regarding airport passenger checkpoint 
screening, covert tests, staffing, airport worker screening, 
and technology.
    On August 1, 2007, TSA Administrator Kip Hawley presented a 
classified briefing on aviation threats.
    On June 24, 2008, TSA Administrator Kip Hawley presented a 
classified briefing on aviation security threats around the 
world.
    8. National Transportation Safety Board (``NTSB''). The 
NTSB investigates many transportation accidents, including 
aviation accidents and major highway, railroad, pipeline, 
maritime, and public transit accidents. After investigating an 
accident, the NTSB determines the probable cause(s) of the 
accident and issues a formal report. This process typically 
takes from nine to eighteen months. The NTSB is statutorily 
required to make a probable cause determination on all aviation 
accidents. In general, the NTSB relies upon the FAA to conduct 
the on-scene investigation on its behalf for most non-fatal 
aviation accidents and for some fatal aviation accidents in 
which the cause is obvious and there is little chance of 
deriving a safety benefit from the investigation. The Aviation 
Subcommittee traditionally takes the lead on reauthorization of 
the NTSB, even though the NTSB investigates many transportation 
accidents, including aviation, highway, marine, rail, and 
pipeline. The NTSB reauthorization will expire at the end of FY 
2008. The Subcommittee will continue its oversight of the NTSB 
and of any recommendations made to the FAA on aviation safety.

                                Hearings


THE NATIONAL TRANSPORTATION SAFETY BOARD'S MOST WANTED AVIATION SAFETY 
                              IMPROVEMENTS

    On June 6, 2007, the Subcommittee held a hearing regarding 
the National Transportation Safety Board's Most Wanted Aviation 
Safety Improvements. Since 1990, the NTSB has issued a list of 
its Most Wanted Safety Improvements (``Most Wanted'') to focus 
attention on safety issues the NTSB thinks will have the 
greatest impact on transportation safety. For 2007, the NTSB 
identified the following issues as its Most Wanted for 
aviation: aircraft icing; fuel tank flammability; runway 
incursions; improved audio and data recorders; fatigue; and 
part 135 crew resource management. The NTSB noted that FAA's 
response to most of these recommendations has been unacceptable 
because the Agency either was not responsive to its 
recommendation or its progress was too slow. FAA testified that 
it had issued airworthiness directives for many of safety 
recommendations or had initiated rulemaking projects; and it 
was still conducting research on some of the issues.

      REAUTHORIZATION OF THE NATIONAL TRANSPORTATION SAFETY BOARD

    On April 23, 2008, the Subcommittee held a hearing to 
consider the reauthorization of the NTSB, which was authorized 
through September 30, 2008. In addition to investigating 
accidents, the NTSB conducts safety studies, and evaluates the 
effectiveness of other government agencies' programs for 
preventing transportation accidents.
    The NTSB's three-year reauthorization request includes 
additional funding, additional staff, and statutory changes. 
The FY 2009 President's budget requested $87.9 million for the 
NTSB, which is $3.392 million above the FY 2008 enacted level 
and is for pay raises, benefit cost increases, and inflation. 
The FY 2010 ($107 million) and FY 2011 ($113 million) 
authorization request levels are based on increasing the number 
of NTSB staff to 475 full-time-equivalent employees.
    The NTSB's reauthorization proposal included requests for 
explicit authorization to: investigate incidents; issue 
subpoenas for financial records, obtain medical records under 
the same conditions and protections as a public health 
authority receives such information under the Health Insurance 
Portability and Accountability Act; protect trade secrets and 
similar commercial or financial information from release under 
the Freedom of Information Act; enter into multi-year leasing 
contracts; expend appropriated funds to conduct an accident 
investigation in a foreign country; investigate ``commercial 
space launch'' accidents; and other items to aid 
investigations.
    In addition to the NTSB Chairman, Mark Rosenker, the GAO 
also testified at the hearing. The GAO's testimony included a 
review of NTSB's general management structure and capabilities.

        Subcommittee on Coast Guard and Maritime Transportation

    1. Maritime Transportation Security. The Maritime 
Transportation Security Act of 2002 (P.L. 107-295) and the 
Coast Guard and Maritime Transportation Act of 2004 (P.L. 108-
293) established numerous measures to enhance the security of 
the U.S. Maritime Transportation System. The Subcommittee 
continued oversight of the Coast Guard's efforts to improve 
security in U.S. ports and waterways and on vessels transiting 
in U.S. waters. The Subcommittee oversaw the implementation of 
measures to enhance port security and examined the current port 
security and vessel security programs and determined the areas 
that remain to be addressed.

                                Hearings

    The Subcommittee held four hearings on maritime 
transportation security, two on the security of Liquefied 
Natural Gas (``LNG'') facilities and two on the Transportation 
Worker Identification Credential program.

  SAFETY AND SECURITY OF LIQUEFIED NATURAL GAS AND THE IMPACT ON PORT 
                               OPERATIONS

    On April 23, 2007, the Subcommittee conducted a field 
hearing in Baltimore, Maryland, to examine the safety and 
security of LNG terminals and their impact on port operations. 
The hearing also examined the proposed AES Sparrows Point LNG 
terminal at Sparrows Point in the Port of Baltimore to assess 
its potential impact on the safety and security of the City of 
Baltimore as well as on the operations of the Port of 
Baltimore.
    Testimony indicated the Coast Guard turned some 
responsibilities for providing waterside security around the 
terminal and tankers to the Cove Point LNG facility terminal 
operator, which contracted with the local sheriff's department 
for security services. The Coast Guard did this to ease the 
demands placed on their limited resources.

              SAFETY AND SECURITY OF LIQUEFIED NATURAL GAS

    On May 7, 2007, the Subcommittee convened a field hearing 
in Farmingville, New York, and examined the safety and security 
of LNG terminals and their impact on port operations. The 
hearing also examined the proposed Broadwater floating LNG 
terminal in Long Island Sound.
    In its Waterway Suitability Report for the proposed 
Broadwater terminal, the Coast Guard indicated that based on 
its current levels of mission activity, Sector Long Island did 
not have adequate resources to implement the measures it 
considered necessary to manage the risks to navigation safety 
and maritime security associated with the proposed terminal. 
Captain Mark O'Malley, Chief of Ports and Facilities Activities 
with the Coast Guard, testified that given the costs associated 
with conducting waterway assessments for each of the 
approximately 40 proposed terminal projects going through some 
stage of the regulatory process as well as the Coast Guard's 
challenges in identifying resources to provide security around 
proposed terminals, that it would make sense from the Coast 
Guard's perspective for the U.S. to have a national LNG 
terminal siting policy.

           TRANSPORTATION WORKERS IDENTIFICATION CARD SYSTEM

    On July 12, 2007, the Subcommittee met to examine the 
Transportation Worker Identification Credential (``TWIC'') 
program. The TWIC program was established by the Maritime 
Transportation Security Act of 2002 to ensure that 
transportation workers who have access to secure areas of 
maritime facilities do not pose a terrorism security risk. The 
Subcommittee convened the hearing to learn about the 
administrative issues that delayed the implementation of the 
program for years and whether the appeal process for 
transportation realistically assessed the likelihood the 
applicant posed a terrorism security risk. At the conclusion of 
the hearing, it remained unclear whether the Transportation 
Security Administration could issue all TWICs to those who 
needed one by the September 2008 implementation deadline. 
Additionally, testimony indicated the rules that will guide the 
development of the readers that are needed to enable the TWIC 
to be used to control access to secure locations had not been 
finalized and the Coast Guard could not state when these would 
be issued.

      TRANSPORTATION WORKERS IDENTIFICATION CARD SYSTEM--FOLLOW UP

    On January 23, 2008, the Subcommittee examined the 
continued roll-out of the Transportation Worker Identification 
Credential (``TWIC''). Active enrollment had been underway for 
approximately 90 days at the time of the hearing. Testimony 
presented at the hearing revealed that initial estimates of the 
population that would enroll were far too low. TSA estimated 
that approximately 750,000 people would enroll but updated 
estimates were over one million people. Workers as well as port 
authorities, such as the Maryland Port Administration, revealed 
glitches at several enrollment centers that had caused 
unacceptable inconveniences for those seeking to enroll. 
Although the deadline for enrollment had been established as 
September 25, 2008, the Coast Guard had not announced the dates 
by which the Captain of the Port zones would begin phasing in 
use of the card as an access control measure. Further, the 
Coast Guard had not yet completed a planned rulemaking that 
would specify which vessels would be required to install 
readers to utilize the TWIC to control access to secure areas.

                              Legislation

    On April 24, 2008 the House passed H.R. 2830 the ``Coast 
Guard Authorization Act of 2008'' which requires that as new 
liquefied natural gas (``LNG'') terminals are approved, all of 
the resources necessary to adequately secure these terminals 
are in place.
    2. Programmatic Changes to the Integrated Deepwater System 
Program. The Coast Guard continued their multi-year asset 
recapitalization program, the Integrated Deepwater System 
(``Deepwater'') program. The Subcommittee continued its 
oversight of the program and investigated problems with the 
acquisition that had led to eight of the 123-foot patrol boats 
that were altered to be taken out of service because they are 
unsafe to operate. The Subcommittee examined the issues 
regarding the design and construction of the National Security 
Cutters and whether they would be able to provide service to 
the Coast Guard for their full 30-year projected life without 
structural problems. The Subcommittee examined the impacts of 
Deepwater spending on the Coast Guard's other capital asset 
needs.

                                Hearings


      OVERSIGHT HEARING OF COAST GUARD INTEGRATED DEEPWATER SYSTEM

    On January 30, 2007, the Subcommittee received testimony 
regarding the Coast Guard's Integrated Deepwater System program 
(``Deepwater''). Deepwater is a series of procurements expected 
to replace or upgrade all of the Coast Guard's surface and air 
assets over a 25-year period at a cost of $24 billion. The 
Subcommittee heard testimony from the Coast Guard Commandant, 
Admiral Thad Allen, Dr. Leo Mackay, President of Integrated 
Coast Guard Systems, and Mr. Phillip Teel, President of 
Northrop Grumman Ship Systems. The Subcommittee considered the 
findings of a report released by the Department of Homeland 
Security's Office of Inspector General (``DHS IG''), which 
indicated that the National Security Cutter (``NSC''), the 
largest asset to be procured under Deepwater, suffered from 
extensive design flaws that would likely reduce its service 
life. The DHS IG's report suggested that the Coast Guard and 
its contractors knowingly built the ship with a flawed design 
that would require expensive repairs and would not meet the 
service requirements of the Deepwater contract.

       COAST GUARD BUDGET AND AUTHORIZATION FOR FISCAL YEAR 2008

    On March 8, 2007, the Subcommittee considered the 
Administration's Fiscal Year (``FY'') 2008 budget requests for 
the U.S. Coast Guard. The subcommittee also received additional 
testimony from the Coast Guard--as well as the Inspector 
General of the Department of Homeland Security (``DHS IG'') and 
the General Accountability Office on the Deepwater Acquisition 
Program.
    Regarding the Deepwater procurements, the DHS Inspector 
General, Mr. Richard Skinner, testified that the Coast Guard 
had difficulty holding contractors working on the Deepwater 
procurements accountable since asset operational and 
performance requirements were poorly defined. He also testified 
that the Coast Guard did not have the right number of staff--or 
the right mix of professional expertise--to manage the 
Deepwater acquisitions. Mr. Skinner emphasized that because 
there is no career path for military personnel in the Coast 
Guard to pursue appointment to acquisitions-related positions, 
it was difficult to ensure that these personnel receive the 
training and experience they need to manage a major 
acquisition.

                              Legislation

    On July 31, 2007 the House passed H.R. 2722, the 
``Integrated Deepwater Program Reform Act''. The bill H.R. 2722 
made significant changes in the Coast Guard's management of its 
Deepwater acquisition programs, which constitute a series of 
procurements intended to replace or upgrade the Coast Guard's 
surface and aviation assets over a 25-year period at a cost of 
$24 billion. To prevent such failures in future procurements 
under Deepwater, H.R. 2722 eliminated the use of a lead systems 
integrator, i.e., private firms hired by the Coast Guard to 
manage almost all aspects of the implementation of the 
Deepwater program, to include the management of the procurement 
of individual assets purchased under the program. The bill 
required the use of full and open competition for all Deepwater 
procurements to help control costs and ensure the Coast Guard 
received the best value for taxpayers' resources, and it 
required third-party certification of assets to ensure that 
they meet all contractual and quality standards. Further, the 
bill required the appointment of a civilian as Chief 
Acquisitions Officer to bring to the critical position the 
professional experience and expertise that is not currently 
cultivated among uniformed Coast Guard officers.
    On September 27, 2008 the House passed H.R. 6999, the 
``Integrated Deepwater Program Reform Act of 2008''. H.R. 6999 
is based on Deepwater reform legislation, H.R. 2722 that passed 
the House in 2007 and on S. 924, which also passed the Senate, 
strengthened the Coast Guard's ability to manage its major 
acquisitions efforts, to include those conducted under the 25-
year, $25 billion Deepwater program. H.R. 6999 required the 
Coast Guard to eliminate the use of all private sector lead 
systems integrators by October 2011--the same date on which 
their use is phased out in the Department of Defense. The 
legislation also required the conduct of an alternatives 
analysis before the service procures an experimental, 
technically immature, or first-in-class major asset. Further, 
the bill required the regular submission of acquisition program 
reviews to Congress--including notification of cost overruns 
and schedule delays--so that Congress would be made aware of 
emerging issues before they become crises. The bill created in 
statute the position of Chief Acquisitions Officer and required 
that it be filled with a fully qualified individual who can, at 
the Commandant's choosing, be a civilian member of the senior 
executive service or a uniformed member of the Coast Guard but 
who must, in either case, have a Level III Acquisitions 
qualification and 10 years of experience managing acquisitions 
efforts. The bill required independent, third-party 
certification of assets--and required appropriate testing be 
performed on asset designs so problems could be identified 
before construction of an asset begins.
    Additionally, H.R. 6999 made it a crime to operate a 
submersible or semi-submersible vessel that is not registered 
in any country. Such vessels are often used to smuggle illegal 
drugs into the United States.
    3. Status of Coast Guard Legacy Assets. The Deepwater 
program was designed to replace or refit existing Coast Guard 
vessels and aircraft over a 24-year schedule. However, the 
Coast Guard continued to rely on its legacy fleet of vessels 
and aircraft until the new assets are procured under the 
Deepwater program. The Subcommittee continued to be extremely 
concerned about the safety of Coast Guard personnel who serve 
aboard the vessels and aircraft as well as the Coast Guard's 
ability to successfully carry out its many missions aboard 
these assets. The Subcommittee held hearings to investigate the 
status of the Coast Guard's legacy assets and the possibility 
of accelerating the procurement of replacement assets under the 
Deepwater program.
    The Committee held three hearings on the Coast Guard 
Deepwater program [as outlined above], and adopted two pieces 
of legislation--H.R. 2722 and H.R. 6999--to address the 
oversight of Coast Guard acquisitions.
    4. The Coast Guard's Traditional Missions. The Coast Guard 
is a unique government entity that is both a uniformed military 
service and a federal agency with regulatory and enforcement 
responsibilities. The Subcommittee continued to oversee the 
Coast Guard's traditional missions that include search and 
rescue, the protection of marine safety, the maintenance and 
establishment of aids to navigation, icebreaking operations, 
fisheries law enforcement, marine environmental protection, and 
drug and migrant interdiction to ensure the Service maintained 
its capabilities to carry out its many and varied missions in 
addition to its increasing homeland security responsibilities. 
The Subcommittee gave particular attention to whether the Coast 
Guard had sufficient assets to respond to any mass migration 
event from Cuba that may occur.

                                Hearings


       COAST GUARD BUDGET AND AUTHORIZATION FOR FISCAL YEAR 2008

    On March 8, 2007, the Subcommittee met to consider the 
Administration's Fiscal Year (``FY'') 2008 budget requests for 
the U.S. Coast Guard. The Subcommittee received additional 
testimony from the Coast Guard--as well as the Inspector 
General of the Department of Homeland Security (``DHS IG'') and 
the General Accountability Office on the Deepwater Acquisition 
Program. With regards to the Coast Guard's fiscal year 2008 
budget request, testimony indicated proposed funding levels for 
search and rescue, marine safety, aids-to-navigation, 
icebreaking, and the protection of living resources were all 
lower than amounts that were appropriated for these purposes in 
fiscal year 2007. Commandant Allen testified about specific 
capital needs that were unmet in the fiscal year 2008 budget 
request, particularly capital to upgrade housing facilities.
    5. Mission Balance. After the events of September 11th, the 
Coast Guard was identified as the lead federal agency with 
responsibilities over maritime homeland security. The Coast 
Guard incorporated the increased responsibilities with the many 
traditional missions that the Service continues to carry out 
each day. The Subcommittee remained concerned about the balance 
between the Coast Guard's homeland security and traditional 
missions. The Subcommittee continued to oversee the Coast 
Guard's mission performance to determine if the Service has the 
resources necessary to both protect homeland security and carry 
out its important traditional missions in U.S. waters. [see 
traditional missions above]
    6. Short Sea Shipping. Transportation experts identified 
the benefits for developing short sea shipping as part of the 
national transportation system. Development of short sea 
shipping could increase the national freight capacity, decrease 
congestion, improve air quality, and reduce the need to build 
other infrastructure. The Subcommittee conducted an oversight 
hearing on the challenges to developing a short sea shipping 
system in the coastwise trade of the United States and what the 
role of the Federal Government could be in the development of 
the freight and passenger transportation system.

                                Hearing


       OVERSIGHT HEARING OF COAST GUARD SHORT SEA SHIPPING SYSTEM

    On February 15, 2007, the Subcommittee examined the state 
of short sea shipping--the waterborne movement of commercial 
freight between two ports in the United States or between ports 
in the United States and Canada--and identified the impediments 
that limited the growth of short sea shipping. Witnesses who 
testified included: Mr. Collister Johnson, the Administrator of 
the St. Lawrence Seaway Development Corporation, and Mr. Greg 
Ward, Vice President of the Detroit-Windsor Truck Ferry. They 
stated that one of the greatest impediments to the development 
of short sea shipping is the Harbor Maintenance Tax, a tax 
assessed on cargo loaded or unloaded at a U.S. port at the rate 
of $125 per $100,000 of cargo value. The tax was identified as 
a factor that limited the growth of short sea shipping since it 
is not applied to cargo movements on other transportation 
modes, which made it difficult to collect (since it is assessed 
on an ad valorum basis), and because cargo can be double-taxed 
under certain circumstances.

                              Legislation

    On December 19, 2007 Title XI of H.R. 6, the Energy 
Independence and Security Act of 2007 became Public Law 110-140 
and established a short sea shipping program in the Department 
of Transportation.
    7. Marine Safety. The Subcommittee conducted oversight 
hearings on safety issues in the U.S. maritime industry, 
including on commercial fishing vessels. The Subcommittee will 
also oversee the marine casualty investigation program of the 
Coast Guard to ensure that this program gathers and provides 
the information needed to continue to make U.S. marine 
transportation safer.

                                Hearings

    The Subcommittee held three hearings on marine safety to 
include: fishing vessel safety, the challenges facing the 
marine safety program and the management of the marine casualty 
program.

                         FISHING VESSEL SAFETY

    On April 25, 2007, the Subcommittee examined the safety of 
U.S. commercial fishing vessels and the extent to which the 
provisions of the Commercial Fishing Industry Vessel Safety Act 
of 1988 (P.L. 100-424) led to improved safety in the industry. 
Witnesses included representatives from the Coast Guard, 
researchers, trainers, and fishermen. They supported taking 
additional steps to improve safety in America's most hazardous 
industry. Safety measures that were recommended for 
consideration included: increased requirements for training of 
commercial fishing vessels operators, increased pre-season 
safety compliance checks and mandatory dockside examinations, 
imposed regulatory parity on all vessels that operate beyond 
three nautical miles of the coast, and the expedited 
promulgation of pending safety regulations, to include those 
with regard to the stability on smaller fishing vessels.

       CHALLENGES FACING THE COAST GUARD'S MARINE SAFETY PROGRAM

    On August 2, 2007, the Subcommittee examined the 
``Challenges Facing the Coast Guard's Marine Safety Program.'' 
The marine safety program, within the Coast Guard, regulates 
maritime transportation, including issuing official credentials 
to mariners, inspecting vessels for compliance with design and 
safety standards, and investigating accidents that occur in the 
marine environment (called marine casualties). The Subcommittee 
expressed their concerns that after the Coast Guard assumed 
significant new homeland security missions following the events 
of September 11, 2001, the service may have lost expertise in 
these regulatory missions, particularly given the increasing 
complexity of the maritime industry. Witnesses representing 
industry and labor criticized the Coast Guard's marine safety 
performance, and indicated they believed those assigned to 
marine safety functions were not always competent to conduct 
thorough inspections. Several witnesses suggested the Coast 
Guard should civilianize billets related to marine safety to 
ensure their personnel developed professional expertise and 
continuity in a single geographic area. The Coast Guard 
Commandant, Admiral Thad Allen, testified the service had 
developed a substantial backlog of rulemaking projects that had 
not yet been completed due to the resource demands facing the 
service. Admiral Allen also promised to develop a ``marine 
safety enhancement program'' to address these issues.
    On November 20, 2008, the Coast Guard promulgated the 
Marine Safety Performance Plan. The plan establishes what the 
Marine Safety Program intends to accomplish in the next five 
years to include: improving recreational boating safety, 
reducing towing vessel casualties, improving service to 
mariners, industry and the public and improving marine 
inspector and investigator capacity and performance to match 
industry growth.

          COAST GUARD AND NTSB CASUALTY INVESTIGATION PROGRAM

    On May 20, 2008, the Subcommittee examined a report from 
the Department of Homeland Security's Office of the Inspector 
General (``DHS IG'') entitled ``United States Coast Guard's 
Management of the Marine Casualty Investigation Program'' (OIG-
08-51, May 2008). The Subcommittee received testimony from the 
National Transportation Safety Board (``NTSB'') and the Coast 
Guard regarding which agency should exercise primacy in the 
conduct of marine casualty investigations. The NTSB and the 
Coast Guard shared responsibility for investigating marine 
casualties under a Memorandum of Understanding (``MOU''). The 
NTSB testified that the MOU has proven awkward in cases in 
which the NTSB had elected to conduct an investigation only to 
find that in some instances, the Coast Guard has failed to 
preserve vital evidence. The NTSB testified in support of a 
proposal to have the option to elect to lead or have primary 
status in major marine investigations. NTSB stated that it had 
similar authority for other modes of transportation, and that 
its proposal in the maritime arena was intended to provide 
clear authority to enable the Board to take the lead in the 
immediate aftermath of a marine casualty. The Coast Guard 
strongly opposed the NTSB's proposed legislative change.

                              Legislation

    On April 24, 2008 the House passed H.R. 2830 the ``Coast 
Guard Authorization Act of 2008'' which included Title XI: 
Marine Safety that which mandated improvements to the marine 
safety program and increased the training requirements for 
marine inspectors and investigators.
    8. Maritime Education, Training, and Recruitment. Segments 
of the U.S. maritime industry are having difficulty recruiting 
and retaining personnel. Many mariners are retiring. In 
addition, it may be difficult for individuals employed in the 
maritime industry to meet increased licensing and certification 
standards due to the cost of the programs. The Subcommittee 
will hold a hearing on the training, recruitment, and retention 
requirements in the U.S. maritime industry.

                                Hearing


                  MARINER EDUCATION AND THE WORK FORCE

    On October 17, 2007, the Subcommittee received testimony on 
trends and innovations in mariner education and assessed how 
growing workforce shortages will affect the maritime industry 
as trade continues to increase. The hearing considered the 
possible impact of various factors on workforce shortages to 
include: wage levels, lifestyle challenges associated with 
employment in the maritime industry and training requirements 
imposed by the Standards of Training, Certification, and 
Watchkeeping (``STCW'') Convention. Witnesses testified about 
the significant challenges they have recruiting and retaining 
vessel personnel; they also discussed the challenges mariners 
face moving from entry-level jobs on deck up to the wheelhouse 
to become Masters or from entry level position in the engine 
room to Chief Engineers (known as hawsepiping). Witnesses 
suggested that federal assistance could be provided to support 
mariner education programs. The Administrator of the United 
States Maritime Administration, Sean Connaughton, indicated the 
maritime industry is experiencing a major recapitalization in 
practically every segment of the U.S. merchant fleet. He stated 
the towing, passenger, and offshore operators reported 
workforce shortages and that the Maritime Administration 
conducted a survey to identify trends in the mariner workforce 
to see the true magnitude of the mariner shortage.
    9. Oil Pollution Act of 1990. The Subcommittee will 
continue to oversee the Coast Guard's efforts to prevent and 
respond to oil spills under the Oil Pollution Act of 1990, in 
coordination with the Subcommittee on Water Resources and 
Environment.

                                Hearings

    The Subcommittee held three hearings on the Oil Pollution 
Act of 1990, two on the allision of the M/V COSCO BUSAN with 
the San Francisco-Oakland Bay Bridge on November 7, 2007 and 
another on the July 23, 2008 collision between a barge and 
tanker ship which resulted in a 282,828 gallons oil spill on 
the Mississippi River near New Orleans, Louisiana.

      SAN FRANCISCO: NOVEMBER 2007 OIL SPILL CAUSES AND RESPONSES

    On November 19, 2007, the Subcommittee held a field hearing 
in San Francisco, California and received testimony regarding 
the spill of 58,000 gallons of fuel oil into San Francisco Bay 
that occurred when the M/V COSCO BUSAN allided with the San 
Francisco-Oakland Bay Bridge on November 7, 2007. The Coast 
Guard initially stated that approximately 140 gallons were 
released following the allision but nine hours later publicly 
announced the size of the spill was approximately 58,000 
gallons. The Coast Guard indicated the delay in calculating the 
full size of the spill did not delay or affect the size of the 
response to the oil spill. The Coast Guard's preliminary 
investigation of the incident did not discover any vessel 
mechanical or system problems; human error was believed to be 
the most probable cause.

         COSCO BUSAN AND MARINE CASUALTY INVESTIGATION PROGRAM

    On April 10, 2008, the Subcommittee received a report from 
the Department of Homeland Security's Office of the Inspector 
General (``DHS IG'') entitled ``Allision of the M/V COSCO BUSAN 
with the San Francisco-Oakland Bay Bridge.'' The report was 
completed pursuant to a request made by Speaker of the House 
Nancy Pelosi and Subcommittee Chairman Elijah E. Cummings on 
December 4, 2007. The IG was critical of the Coast Guard's 
investigation of this marine casualty. They found that five of 
the six individuals assigned to marine casualty investigator 
billets were not qualified for those positions; all three of 
the individuals who responded to the COSCO BUSAN were 
unqualified as marine casualty investigators. Likely as a 
result of inadequate training and experience--and the use of 
inadequate manuals--the investigators who responded to the 
COSCO BUSAN failed to identify, collect, and secure perishable 
evidence related to this casualty. Additionally, the Coast 
Guard incorrectly classified the investigation of the COSCO 
BUSAN casualty as an informal investigation rather than a 
formal investigation.
    During the hearing, the Subcommittee also examined the 
sinking of the Fishing Vessel ALASKA RANGER on March 23, 2008, 
which caused the deaths of five crewmembers (including the 
Master, the Mate, Chief Engineer, the Fishing Master, and a 
crew member). The incident is the subject of two on-going 
investigations by a Coast Guard Marine Board of Investigation 
and by the National Transportation Safety Board (``NTSB''). The 
ALASKA RANGER was a freezer trawler that was one among 40-50 
other similar vessels participating in the Alternative 
Compliance and Safety Agreement (``ACSA'') program developed by 
Coast Guard Districts 13 (Pacific Northwest) and 17 (Alaska) 
after several tragedies involving other ships in this fleet. 
The ALASKA RANGER was enrolled in the ACSA but was not in full 
compliance with all of the provisions of the program agreement 
despite the fact that the deadline for completing all items 
identified by the Coast Guard as needing improvement or 
correction was January 1, 2008.

 OIL SPILL IN NEW ORLEANS IN JULY 2008 AND SAFETY ON THE INLAND RIVER 
                                 SYSTEM

    On September 16, 2008, the Subcommittee examined the 
circumstances that surrounded the spill of 282,828 gallons of 
oil into the Mississippi River near New Orleans, Louisiana, 
that occurred on July 23, 2008, when a barge being pushed by a 
towing vessel crossed in front of a tanker ship and was 
severely damaged by the tanker. At the time of the collision, 
the towing vessel Mel Oliver was not operated by a properly 
licensed master. The Subcommittee looked more broadly at safety 
in the towing industry, to include the Coast Guard's status to 
complete a rulemaking needed to start the process of towing 
vessel inspections, as required by the Coast Guard and Maritime 
Transportation Act of 2004 (P.L. 108-293). The Coast Guard 
pledged to issue a notice of proposed rulemaking to initiate 
that rulemaking process by the spring of 2009. As part of the 
inspection process, the Coast Guard will be required to set 
manning levels which should be adequate to ensure towing 
vessels have all of the personnel needed to operate safely.

                              Legislation

    On April 24, 2008 the House passed H.R. 2830 the ``Coast 
Guard Authorization Act of 2008'' which requires double hulls 
on all newly constructed non-tank vessels after August 1, 2010.
    10. Crimes on Cruise Ships. The Subcommittee will continue 
to oversee the Coast Guard's, Federal Bureau of Investigations 
and Cruise Lines International Association, Inc (``CLIA'') 
efforts in protecting and preventing crimes against passengers 
on cruise ships.

                                Hearing


             CRUISE SHIP SECURITY PRACTICES AND PROCEDURES

    On September 19, 2007, the Subcommittee conducted a second 
hearing on cruise ship security practices and procedures. The 
hearing examined whether the security practices and procedures 
aboard cruise ships were adequate to ensure the safety of all 
passengers and also to receive an update from the March 2007 
hearing entitled ``Crimes Against Americans on Cruise Ships''. 
At the March 2007 hearing, representatives of CLIA and the 
victims and family members of victims of alleged crimes on 
cruise ships agreed to meet to discuss: potential refinements 
in procedures for reporting alleged crimes on cruise ships to 
U.S. authorities and specific measures that could be 
implemented to improve the safety and security of passengers on 
cruise ships. Testimony indicated that on April 1, 2007, the 
members of CLIA, the Federal Bureau of Investigation (``FBI''), 
and the United States Coast Guard implemented a voluntary 
agreement that defined the processes that would govern the 
reporting by cruise lines to the FBI and the Coast Guard of 
crimes over which U.S. jurisdiction might apply. The Coast 
Guard testified that since the agreement had been put in place, 
4,379,808 passengers had embarked on cruise lines operated by 
the member firms of CLIA; the FBI reported that 207 incidents 
had been reported to it by CLIA members between April 1, 2007, 
and August 24, 2007. CLIA and the victims and family members of 
the victims of alleged crimes on cruise ships reported they had 
several meetings to discuss specific security improvements for 
cruise ships, but no formal agreements had been reached of 
measures that would be implemented.

                              Legislation

    On April 24, 2008 the House passed H.R. 2830 the ``Coast 
Guard Authorization Act of 2008'' which included an amendment 
offered by Congresswoman Matsui which required the Secretary 
maintain an internet website with the number of missing persons 
and alleged crimes against passengers on cruise ships.
    11. Administrative Law Judge. The Coast Guard investigated 
marine casualties in order to determine whether there have been 
any breaches of law or regulation by licensed mariners and in 
many cases initiated action to sanction, suspend or revoke a 
mariner's license. But, many mariners felt the Coast Guard 
process was unwieldy and unfair and charged the Coast Guard 
Administrative Law Judges with incompetence and bias toward the 
Coast Guard.

                                Hearing


         REVIEW OF THE COAST GUARD'S ADMINISTRATIVE LAW SYSTEM

    On July 31, 2007, the Subcommittee received testimony on 
the Coast Guard's administrative law system. Administrative 
agencies of the executive branch of the United States federal 
government are assigned by Congress to conduct rulemakings and 
to enforce their agency regulations. The body of law that 
pertains to these activities is called administrative law, 
while the judges who conduct trial type hearings in the 
rulemaking and adjudicatory processes are called administrative 
law judges (``ALJ''). The hearing examined whether the policies 
and procedures that govern the Coast Guard's administrative law 
system comport with the requirements of the Administrative 
Procedures Act to ensure all mariners accused in S&R cases 
receive fair hearings. The Subcommittee heard testimony from a 
former Coast Guard ALJ alleging impropriety in the management 
of the administrative law system which included: improper 
contact between members of the administrative law system and 
other Coast Guard personnel, accusations that the Chief ALJ 
pressured judges to rule in favor of the Coast Guard, and 
accusations that judges may have been subjected to hostile work 
conditions. The Subcommittee also examined the application of 
CFR Part 20, Section 601 pre-hearing discovery regulations 
during the conduct of administrative adjudications and examined 
the impact that the changes in procedural rules made in 1999 
have had on the conduct of adjudications.

                              Legislation

    On April 24, 2008 the House passed H.R. 2830 the ``Coast 
Guard Authorization Act of 2008'' in which Title X of H.R. 2830 
required all undecided suspension and revocation (``S&R'') 
cases pending before the Coast Guard's Administrative Law Judge 
(``ALJ'') system be transferred to the National Transportation 
Safety Board's (``NTSB'') ALJ for adjudication on October 1, 
2008.
    12. Federal Maritime Commission. The Subcommittee continued 
it's oversight of the Federal Maritime Commission. It received 
reports that the Federal Maritime Commission did not operate in 
an open and public manner, Commissioners were often absent for 
long periods, meetings were held using conference calls, and 
the overall management of the agency had resulted in poor 
morale.

                                Hearings


              FY 2009 BUDGET: FEDERAL MARITIME COMMISSION

    On April 15, 2008, the Subcommittee received testimony on 
the Federal Maritime Commission's (``FMC'') fiscal year 2009 
budget request. At the time of the hearing, the FMC lacked a 
Chairman and the four Commissioners serving at the FMC were 
responsible for the collective management and conducting the 
regulatory business of the Commission. Mr. Paul Anderson, a 
Commissioner had been nominated by the President to serve as 
Chairman of the Commission, but his nomination had not been 
considered by the Senate. Testimony revealed that in the months 
prior to the hearing, the FMC rarely held public meetings. 
Testimony also suggested the four Commissioners had limited 
visibility over the administration of the Commission. The 
agency's Federal Human Capital Survey results revealed the 
employees had deep concerns about the administration of the 
Commission to include the effectiveness of the management 
exercised by senior leadership, fairness in the resolution of 
disputes and complaints, and the ability of the Commission to 
recruit qualified personnel. Mr. Anderson withdrew his 
nomination as the Chair of the Commission and resigned shortly 
after the hearing.

FEDERAL MARITIME COMMISSION MANAGEMENT AND REGULATION OF INTERNATIONAL 
                                SHIPPING

    On June 19, 2008, the Subcommittee received testimony about 
the management of the Federal Maritime Commission (``FMC'') and 
examined the FMC's regulation of international shipping. This 
hearing was a follow-on hearing to the April 2008 hearing on 
the FMC's annual budget request. The three remaining 
Commissioners testified they had begun to hold regular business 
meetings to consider regulatory business--and were initiating a 
plan to strengthen the management of the FMC. The hearing also 
considered the current status of the regulation of shipping 
cartels, which are collections of ocean-going liner services 
that collude to set prices and service levels. Several industry 
witnesses argued the United States should move to eliminate the 
cartels' immunity for rate setting activities, while other 
industry witnesses argued the maritime shipping field should 
continue to have unique characteristics that require limited 
grants of anti-trust immunity.
    13. Jones Act--rebuilding. The ``Jones Act'' require 
vessels carrying cargo from one port in the United States to 
another port in the United States be build in the United States 
and that such vessels be re-built in the United States. The 
application of the Jones Act rebuild regulations are the 
subject of several pending court cases and final rulings. 
Several U.S. shipbuilders contend that the Coast Guard's 
interpretation of ``re-built'' has not been properly or 
equitably applied.

                                Hearing


                 REBUILDING VESSELS UNDER THE JONES ACT

    On June 11, 2008, the Subcommittee received testimony on 
rebuilding vessels under the Jones Act. In 1996, the Coast 
Guard issued regulations intended to establish specific 
standards regarding what constitutes a ``rebuild'' that could 
be uniformly applied to all Jones Act vessels. Witnesses 
testified the regulations have not provided the clarity 
necessary to ensure fair and adequate enforcement of the Jones 
Act rebuild provisions. The Coast Guard testified its National 
Vessel Documentation Center does not verify whether an 
applicant is being completely truthful on the applications that 
are submitted for initial rebuild determinations or final 
rebuild decisions. Witnesses that represented U.S. ship-owners 
and ship-builders argued the Coast Guard's process for 
approving such rebuild decisions lacked adequate transparency 
and testified about what they considered to be the excessive 
rebuilding of certain ships in foreign shipyards.
    14. Coast Guard icebreaking. The Coast Guard is responsible 
for both breaking ice to ensure safe winter-time commerce, 
particularly on the Great Lake and in the Northeast United 
States. It also conducted polar icebreaking operations in 
support of the National Science Foundations Arctic and 
Antarctic operations. The Coast Guard has two operational polar 
class icebreakers, with one in lay-up, and a fleet of multi-
mission vessels that break ice and service aids-to-navigation 
on domestic waters.

                                Hearing


                        COAST GUARD ICEBREAKING

    On July 16, 2008, the Subcommittee received testimony on 
the Coast Guard's icebreaking capabilities. The Coast Guard is 
responsible for both domestic icebreaking on the Great Lakes 
and along the Eastern Coast of the United States and polar 
icebreaking in support of scientific research in the Arctic and 
Antarctic. The Coast Guard has three polar class icebreakers 
(one of which is in lay-up status due to its need for 
significant maintenance) and a number of multi-purpose vessels 
that break ice and service aids-to-navigation in domestic 
waters. The Coast Guard, the National Science Foundation, and 
the Arctic Research Commission supported the acquisition of 
additional polar class icebreaking assets to support scientific 
research and respond to emergencies, particularly in the 
Arctic. Representatives from Great Lakes shipping interests 
testified in support of additional domestic icebreaking assets 
to ensure that the thousands of tons of raw materials and cargo 
transported on the Lakes in the winter can safely reach 
American refineries, factories, and consumers.
    15. Port Development and the environment. The Ports of Los 
Angeles and Long Beach adopted a plan to reduce air polluting 
emissions at the ports called the San Pedro Bay Ports Clean Air 
Action Plan. Full implementation of the plan's components is 
expected to require the combined expenditure of billions of 
dollars from all participating sources, including the ports, 
the State of California, and industries that work in and around 
the ports of Los Angeles and Long Beach. The plan's components 
are expected to cut emissions of particulate matter from port-
related sources by 47 percent within five years. The plan would 
also reduce emissions of nitrogen oxides by 12,000 tons per 
year and reduce emissions of sulfur oxides by 8,900 tons per 
year.

                                Hearing


 PORT DEVELOPMENT AND THE ENVIRONMENT IN THE PORTS OF LOS ANGELES AND 
                               LONG BEACH

    On August 4, 2008, the Subcommittee conducted a field 
hearing at the Port of Long Beach and examined the efforts of 
the Ports of Los Angeles and Long Beach to meet infrastructure 
needs. The Subcommittee heard testimony regarding the 
assessment of a container fee that will be applied to 
containers passing through the port and which will be expended 
on projects intended to improve infrastructure in and around 
the port areas. The Subcommittee considered the ports' efforts 
to reduce emissions from port-related activities that include 
trucks that provide drayage services and vessels that transit 
to and from the ports. The hearing examined the ports' adoption 
of the San Pedro Bay Ports Clean Air Action Plan, including the 
Plan's ``Clean Trucks'' program. Under the Clean Trucks 
program, the Ports of Los Angeles and Long Beach will assess a 
fee on each container loaded in the port to generate the 
funding necessary to replace the entire fleet of trucks that 
provide drayage services at the ports with clean trucks meeting 
2007 federal emissions standards.
    16. Diversity in the Coast Guard. The Coast Guard's 
workforce does not represent the nation's demographics with 
regards to diversity. The Subcommittee will monitor the Coast 
Guard's efforts to improve diversity throughout it's corps at 
all ranks.

                                Hearing


  DIVERSITY IN THE COAST GUARD, INCLUDING RECRUITMENT, PROMOTION, AND 
                    RETENTION OF MINORITY PERSONNEL

    On September 10, 2008, the Subcommittee received testimony 
regarding diversity in the Coast Guard, including the 
recruitment, promotion, and retention of minority personnel. 
The hearing examined diversity at all levels of the service, 
including enrollments at the Coast Guard Academy, and 
accessions from all sources to the Coast Guard's officer corps 
and enlisted ranks. The hearing assessed the measures being 
taken by Coast Guard leadership to achieve diversity in its 
ranks and assessed the legal authorities that were needed to 
recruit, retain and promote people to achieve a diverse 
workforce. The Coast Guard discussed a service-wide message it 
recently issued to its personnel that detailed leadership 
diversity initiatives the service intended to pursue. The 
initiatives appeared promising but lacked detail on how 
specific initiatives would be fully implemented or what 
measures would be made to assess whether they were working to 
achieve diversity goals.

 Subcommittee on Economic Development, Public Buildings, and Emergency 
                               Management

    1. Emergency Management and Federal Emergency Management 
Agency (``FEMA'') Reform. The Subcommittee reviewed and 
assessed the Nation's ability to prevent, prepare for, 
mitigate, respond to, and recover from disasters and 
emergencies of all types. The FEMA Reform Act (Title VI of P.L. 
109-295) took effect on April 1, 2007 and re-united the parts 
of FEMA that were scattered throughout DHS. The Subcommittee 
aggressively pursued oversight by holding nine hearings on FEMA 
reform. Examining the effectiveness and efficiency of FEMA's 
food storage and delivery system, as well as its planning for 
the provision of food in the event of a disaster. The 
Subcommittee held a hearing to examine whether the FEMA and the 
Department of Homeland Security focused on all hazards in 
preparedness for and response to the risks that confront our 
Nation. The Subcommittee held a joint hearing with the 
Subcommittee on Water Resources to receive testimony on the 
benefits of the National Levee Safety and Dam Safety programs, 
the need for reauthorization, and proposed reforms. The 
Subcommittee held a hearing to hear testimony from FEMA, the 
North Carolina Division of Emergency Management, and the 
Missouri National Guard on whether the National Guard was fully 
ready for disaster in their home states in light of the 
deployments of National Guard troops abroad. The Subcommittee 
held a hearing to receive testimony on the contents of the new 
National Response Framework on the day it was issued by the 
Department of Homeland Security (``DHS'') and the process for 
its development. The Subcommittee held a hearing to examine the 
practical impact of the FEMA Flood Map Modernization Program. 
The Subcommittee held a hearing on the efforts within the 
Federal Government, in particular FEMA, to modernize, expand, 
and integrate existing emergency alert warning systems mainly 
through the Integrated Public Alert and Warning Systems 
(``IPAWS''); and on H.R. 6038, the ``Integrated Public Alerts 
and Warning Systems Modernization Act of 2008.'' The 
Subcommittee held a hearing on the role of the Federal 
Government in assisting small business after a disaster. The 
Subcommittee held a hearing on the FEMA's response to the 2008 
hurricane season, the proposed National Disaster Housing 
Strategy, and the role of the American Red Cross in 
catastrophic events.
    2. Recovery from Hurricanes Katrina and Rita. Congress 
passed Public Law 110-28 which waived certain disaster 
assistance loan requirements related to Hurricanes Katrina, 
Rita, and Wilma. Furthermore the House passed two bills to aid 
in the housing recovery and the loan assistance after 
Hurricanes Katrina, and Rita. The Subcommittee held a hearing 
to examine the process by which the Federal Emergency 
Management Agency (``FEMA'') disposes of surplus property, and 
the treatment of Hurricane Katrina evacuees housed at mobile 
homes. This hearing focused more broadly on FEMA housing policy 
and suggestions for legislative action, if necessary. The 
Subcommittee held a hearing to hear from Members of Congress 
representing Gulf Coast districts, which were still recovering 
20 months after Hurricane Katrina. In response the House passed 
H.R. 3247 the Hurricane Katrina and Rita Recovery Facilitation 
Act. The Subcommittee held a hearing on the status of the 
recovery from Hurricane Katrina in the State of Mississippi. 
The hearing focused on disaster recovery programs being 
provided by FEMA and on overall housing policy, rebuilding 
public infrastructure, and the case management services 
provided through FEMA.
    3. Economic Development Administration. The Subcommittee 
held a hearing to look at the history of federal economic 
development programs, the role of the Federal Government in 
economic development, and suggestions for 21st century 
investment. The subcommittee continued its oversight by 
examining economic development programs and their impact on job 
creation.
    4. Appalachian Regional Commission. Congress reauthorized 
the Appalachian Regional Commission (``ARC'') for five years, 
from fiscal year 2008 through fiscal year 2012 in Public Law 
110-371. ARC administers a variety of programs to aid in the 
development and advancement of the region including the 
creation a highway system, enhancements in education and job 
training, and the development of water and sewer systems.
    5. Other Regional Economic Development Authorities. The 
Subcommittee held a hearing on the potential impact of regional 
economic development commissions on their Districts and States, 
the role of the Federal Government in economic development, and 
successful models of economic development with federal support. 
The Subcommittee looked at different regions of the country to 
determine the need for possible new economic development 
commissions. Congress later passed Public Law 110-234, and 
Public Law 110-246, which authorized three new and two existing 
economic development authorities. P.L. 110-34 and P.L. 110-246 
provide a comprehensive regional approach to economic and 
infrastructure development in the most severely economically 
distressed regions in the nation. The two laws authorized five 
regional economic development commissions under a common 
framework of administration and management, and provide a 
structure for economic development decision-making and 
planning. These commissions are designed to address problems of 
systemic poverty and underdevelopment in their respective 
regions. The five commissions are the Delta Regional Authority, 
the Northern Great Plains Regional Commission, the Southeast 
Crescent Regional Commission, the Southwest Border Regional 
Commission, and the Northern Border Regional Commission.
    6. Real Property Management. The Subcommittee held a field 
hearing in Washington, D.C. on the General Service 
Administration's (``GSA'') role in procuring office space for 
federal agencies, the role of the GSA in revitalizing urban 
areas, and suggestions for achieving efficiencies in future 
procurement for federal office space. As a result of the 
hearing, all Capital and Investment and Leasing Program 
(``CILP'') authorizing resolutions include a provision that 
requires the delineated area in solicitation to match the 
resolutions, unless GSA provides a written explanation. The 
Subcommittee held a hearing to review the practices and 
procedures used by the GSA and the Department of Defense to 
encourage and incentivize their tenants and building managers 
to identify and engage in common sense practical energy 
conservation activities.
    7. National Capital Region. The Subcommittee held a hearing 
to receive testimony regarding plans for the future development 
of the Old Post Office building, which resulted in the 
enactment of Public Law 110-359. Public Law 110-359 directs the 
Administrator of General Services to provide for the 
redevelopment of the Old Post Office Building located in the 
District of Columbia under terms and conditions that are 
beneficial to the Federal Government. The Subcommittee held a 
field hearing in Washington, D.C. on the General Service 
Administration's role in procuring office space for federal 
agencies, the role of the Federal Government in revitalizing 
urban areas, and suggestions for achieving efficiencies in 
future procurement for federal office space. The Subcommittee 
held a hearing on greening initiatives for Washington D.C. and 
the National Capital Region. Current trends and future 
initiatives regarding facility management increasingly include 
concepts of sustainability and how ``green'' buildings 
contribute to sustainability. The hearing examined aspects of 
the building process, including construction, renovation, 
alteration, operation, and maintenance, all actions that can 
produce a green building.
    8. Capital Investment and Leasing Program (``CILP''). As 
part of the Committee's annual work to review and authorize the 
General Services Administration's (``GSA'') requests for 
authority to repair, alter, construct and lease property for 
use by federal agencies, the Subcommittee reviewed each 
prospectus presented to the Committee and recommended approval 
only after the Subcommittee was satisfied that the requests are 
cost-effective and in the best interest of the Federal 
Government. The Committee adopted 85 GSA resolutions, including 
construction, alteration, lease resolutions and an 11(b) study 
resolution. The Subcommittee held a hearing to receive 
testimony on ``Making the GSA Lease and Construction Process 
Efficient, Transparent, and User-friendly.'' The witnesses 
provided testimony on the intersection of the GSA and the 
private sector in procuring space for the Federal Government by 
construction or leasing, and suggestions for making the 
procurement process more efficient. The Subcommittee held a 
hearing on the ``General Services Administration's Fiscal Year 
2009 Capital Investment and Leasing Program''. The hearing 
focused on all aspects of the CILP program including 
alteration, design, modernization, and construction activities. 
The Capital Investment Program plays a key role in providing 
the necessary resources to maintain current real property 
assets and acquire new or replacement assets. The Subcommittee 
held a hearing to examine the effects the current credit crunch 
has on the commercial office space market and its effect on the 
General Services Administration's capital program, specifically 
leasing. The Subcommittee hearing examined the nexus between 
the current credit crunch and the federal leasing program.
    9. Federal Protective Service. The Committee was extremely 
concerned with the effects of the Department of Homeland 
Security plan to downsize the Federal Protective Service 
(``FPS''). The subcommittee examined how this plan affected 
FPS's ability to provide law enforcement and security services 
at more than 8,900 federally owned and leased facilities 
throughout the United States, totaling approximately 352 
million square feet of space, and housing more than 1.1 million 
federal personnel. The Full Committee held a hearing on the 
Department of Homeland Security's plan to reduce the number of 
FPS officers and their presence at federal buildings 
nationwide. Congress later passed Public Law 110-329 requiring 
FPS to maintain a force of 1,800. The Subcommittee held a 
hearing to examine the preliminary findings of the Government 
Accountability Office's (``GAO'') review of the FPS. The 
Subcommittee later held a hearing to examine the final report 
of the GAO's review of the FPS. The Subcommittee held a hearing 
to identify weaknesses in the FPS oversight of its contract 
guard program. Congress passed Public Law 110-356 which 
prohibits the Secretary of Homeland Security from awarding 
contracts to provide guard services under the contract security 
guard program of the FPS to a business concern that is owned, 
controlled, or operated by an individual who has been convicted 
of a felony. The Committee remains concerned with the placement 
of FPS within Immigration Customs and Enforcement (``ICE'').
    10. Administrative Office of the Courts. The Subcommittee 
continued its oversight of the court construction program. The 
Subcommittee requested and received the Courtroom Utilization 
Study from the Administrative Office of the Courts.
    11. Department Homeland Security Headquarters. The 
Subcommittee held a hearing to receive testimony on the 
business opportunities presented by the federal redevelopment 
of the West Campus of St. Elizabeths. The General Services 
Administration (``GSA'') is responsible for the redevelopment 
of the campus in order to provide a consolidated headquarters 
for the Department of Homeland Security (``DHS''). The purpose 
of the hearing was to examine GSA's practices and policies 
regarding economic development around Federal buildings; 
evaluate how other Federal development efforts incorporated the 
participation of local residents and businesses; assess GSA's 
plan to incorporate DHS into the southeast Washington 
neighborhoods of Congress Heights and Anacostia; and review the 
District of Columbia's plan to take advantage of the influx of 
Federal employees and small business opportunities in the 
community. The Subcommittee also passed two resolutions 
authorizing the construction of the Department of Homeland 
Security headquarters and the Coast Guard headquarters.
    12. Architect of the Capitol. The Subcommittee held a 
hearing to receive testimony from the sponsors of H.R. 3315, a 
bill to name the great hall at the Capitol Visitor Center 
(``CVC'') as ``Emancipation Hall''. Congress passed Public Law 
110-139 to designate the great hall of the Capitol Visitor 
Center as Emancipation Hall. In 2004, Congress directed the 
Architect of the Capitol to study and report on the history and 
contributions of slave laborers in the construction of the U.S. 
Capitol. On November 7, 2007, the Slave Laborers Task Force, 
chaired by Representative John Lewis, specifically recommended 
that the great hall of the Capitol Visitor Center be designated 
as Emancipation Hall'. The Subcommittee held a hearing on the 
operational and management plans for the new Capitol Visitors 
Center. The Subcommittee was interested in how the Architect of 
the Capitol plans to staff the new visitors center, how it will 
provide security to both the Capitol and its visitors, and the 
details of the operational plan for the CVC's 2008 opening. The 
Subcommittee held a hearing to examine the Capitol Complex 
Master Plan and the Capitol Visitor Center, with a focus on 
transportation, security, greening initiatives, energy, and 
maintenance. The United States Capitol Complex consists of the 
U.S. Capitol, the Cannon, Longworth, Rayburn and Ford House 
Buildings, the Hart, Dirksen, and Russell Senate Office 
Buildings, the U.S. Botanic Garden, the Capitol Grounds, the 
Library of Congress buildings, the U.S. Supreme Court Building, 
and the Capitol Power Plant.
    13. Smithsonian Institution Facilities Assessment. The 
Subcommittee held a hearing to examine the process by which two 
renowned federal institutions, the Smithsonian Institution and 
the John F. Kennedy Center for the Performing Arts plan for 
funding for capitol asset acquisition, and maintenance 
utilizing public and private funds. In particular, the 
Subcommittee examined the roles of these institutions' boards 
and fundraising. The House passed H.R. 5492, which authorizes 
the Board of Regents of the Smithsonian Institution to 
construct a greenhouse facility at its museum support facility 
in Suitland, Maryland, and for other purposes with $12 million 
appropriated to carry this out. The House passed H.R. 6627, 
which authorizes the Board of Regents of the Smithsonian 
Institution to design and construct laboratory space to 
accommodate the Mathias Laboratory at the Smithsonian 
Environmental Research Center in Edgewater, Maryland, and 
authorizes the Board of Regents to construct laboratory space 
to accommodate the terrestrial research program of the 
Smithsonian Tropical Research Institute in Gamboa, Panama.
    14. John F. Kennedy Center for the Performing Arts. The 
Subcommittee held a hearing to examine the process by which two 
renowned federal institutions, the Smithsonian Institution and 
the John F. Kennedy Center for the Performing Arts plan for 
funding for capitol asset acquisition, and maintenance 
utilizing public and private funds. In particular, the 
Subcommittee will examine the role of these institutions' 
boards and fundraising. The Subcommittee held a hearing to 
receive testimony on the reauthorization of federal funding for 
operations, maintenance, and capital improvements for the John 
F. Kennedy Center for the Performing Arts (``Kennedy Center''). 
Congress passed Public Law 110-338, which amends the John F. 
Kennedy Center Act, to authorize appropriations for FY 2008 
through FY 2012 for the John F. Kennedy Center for the 
Performing Arts, and for other purposes. The maintenance needs 
of the Kennedy Center have continued to grow, requiring 
appropriations from Congress for costs related to maintenance 
and repair, as well as capital improvements.

                  Subcommittee on Highways and Transit

    1. Role of Highways and Transit. The Subcommittee held a 
number of hearings on the role highways and transit play in our 
nation's intermodal network.
    On March 15, 2007, the Subcommittee held a briefing for 
Members and staff regarding the economic impact of bicycle 
travel and tourism. The discussion included representatives 
from outdoor industry, cycling, and recreational trail 
organizations.
    On June 7, 2007, the Subcommittee held a hearing on the 
problem of congestion facing the nation's surface 
transportation system and analyzed several of the approaches 
available for dealing with the problem. Congestion on our 
nation's transportation system has resulted in a significant 
decline in service quality in terms of vehicle flow speeds, 
travel comfort, vehicle operating cost, and driver stress. The 
Subcommittee received testimony from various stakeholders on 
the impact of congestion on the economy and the quality of life 
for the general public. In addition, the Subcommittee reviewed 
the various proposed solutions for addressing congestion on our 
nation's surface transportation network.
    On April 9, 2008, the Subcommittee held a hearing on 
transportation challenges of metropolitan areas. Metropolitan 
areas face significant transportation challenges, such as 
increasing infrastructure maintenance and investment needs, 
increasing traffic congestion, meeting environmental compliance 
goals, planning transportation projects in a coordinated 
manner, land use and growth issues, and diverse traveler needs. 
The hearing explored the transportation challenges of 
metropolitan areas and the Federal role in partnering with 
metro areas to address these challenges.
    On June 24, 2008, the Subcommittee held a hearing on the 
role of the surface transportation network in connecting the 
nation and facilitating passenger and freight mobility and 
access. Small urban and rural America is home to 56 million 
residents in 2,303 non-metropolitan counties, as well as 35 
million more residents living in rural settings on the fringes 
of metropolitan areas. With over 82 percent of the nation's 
communities solely dependent on trucking for the delivery of 
goods and commodities, roadways classified as rural are an 
integral part of the nation's surface transportation network.
    On September 18, 2008, the Subcommittee held a hearing on 
the transportation planning process to discuss ways for 
improving and promoting long term planning and the coordination 
among various jurisdictions. Today's transportation challenges 
often have impacts beyond State and local borders. This hearing 
allowed Subcommittee members to explore the role of planning in 
creating a cohesive and forward-thinking transportation 
network. The Subcommittee received testimony from the mayor of 
a large city, a Deputy Secretary for Transportation Planning 
for a State department of transportation, an Executive Director 
and a Transportation Director for two different metropolitan 
planning organizations, a Planning Director for a mid-size 
city, and the Chair of the Executive Board of a multi-state 
transportation coalition.
    2. SAFETEA-LU Implementation. In the lead up to the next 
surface transportation authorization legislation, the 
Subcommittee held a number of hearings to assess the progress 
and effectiveness of the current surface transportation 
programs authorized under SAFETEA-LU.
    On April 24, 2007, the Subcommittee held an oversight 
hearing on the implementation of statutory requirements 
relating to the use of domestically produced materials, 
products, and components in federally-assisted highway and 
transit projects (commonly known as Buy America). The 
Subcommittee heard from the Administrators of the Federal 
Highway Administration and the Federal Transit Administration, 
officials of a State department of transportation and a transit 
agency, and representatives of a steel bridge manufacturer and 
a transit fare collection systems manufacturer.
    On May 10, 2007, the Subcommittee held an oversight hearing 
on the Federal Transit Administration's implementation of the 
New Starts and Small Starts provisions of the Capital 
Investment Grants program. This hearing examined the manner in 
which the FTA has followed Congressional intent while 
implementing these important transit programs, and the 
Subcommittee heard from witnesses who are working on transit 
projects funded through these programs.
    On September 26, 2007, the Subcommittee held an oversight 
hearing on the Federal Transit Administration's proposed 
rulemaking on the New Starts and Small Starts programs. The 
hearing explored the FTA's Notice of Proposed Rulemaking 
(``NPRM'') in depth, and Members heard from witnesses who were 
working on transit projects and initiatives that would be 
affected by the rule. Following this hearing, 22 Democratic 
Members of the Transportation and Infrastructure Committee sent 
a letter to the House and Senate Appropriations Committees, 
urging support for a provision that prevented the NPRM from 
being implemented. This provision was enacted as part of the 
Consolidated Appropriations Act of 2008.
    On October 2, 2007, the Subcommittee held a hearing on the 
federal Safe Routes to School program, which was created under 
SAFETEA-LU to encourage children to walk and bike to school 
safely. The Subcommittee heard testimony from the Kansas Safe 
Routes to School State Coordinator and officials with the 
National Center for Safe Routes to School, the Safe Routes to 
School National Partnership, and the Bicycle Transportation 
Alliance.
    On June 6, 2008, the Congress enacted the SAFETEA-LU 
Technical Corrections Act of 2008 (P.L. 110-244), which amended 
SAFETEA-LU in order to correct drafting errors, make technical 
changes, and clarify Congressional intent. This legislation 
ensures that all programs, policies, and projects included in 
SAFETEA-LU are implemented as intended by the Congress.
    3. Needs of the Surface Transportation Network. The 
Subcommittee examined the condition and future needs of our 
surface transportation system, including holding meetings with 
the National Surface Transportation Policy and Revenue Study 
Commission.
    On January 24, 2007, the Subcommittee on Highways and 
Transit held a hearing on the capacity of our nation's surface 
transportation system and the challenges and changes it will 
face 30 to 50 years into the future. Throughout our nation's 
history, the economy has undergone constant change but one 
factor has remained the same: economic growth, prosperity, and 
opportunity have followed increased investments in 
infrastructure. Transportation infrastructure provides the 
backbone of our economy by moving people and goods. The 
Subcommittee heard testimony on these issues from 
representatives of the U.S. Department of Transportation, the 
National Surface Transportation Policy and Revenue Study 
Commission, and the research community on how our surface 
transportation system will need to adapt to support our 
changing and expanding economy.
    At 6:05 p.m. on August 1, 2007, the I-35W Bridge in 
Minneapolis, Minnesota, collapsed into the Mississippi River, 
killing 13 people. Following this tragedy, public awareness of 
the deteriorating conditions of our nation's bridges increased 
greatly. On August 7, 2007, the Congress authorized emergency 
funding to replace the Interstate 35W Bridge in Minneapolis. 
The Subcommittee worked with the Bureau of Transportation 
Statistics to update and distribute maps to all Members of 
Congress showing the number and location of structurally 
deficient bridges in their Congressional district to raise 
awareness about the prevalence of these bridges throughout the 
nation.
    On October 23, 2007, the Subcommittee held a hearing on 
highway bridge inspections. The nation's aging bridge inventory 
is requiring increased maintenance as many reach the end of 
their intended design life, making proper inspections and 
monitoring of these bridges is even more important. Inspection 
of bridges provides a first line of defense to avoid tragedies 
like the Minneapolis bridge collapse. Visual observation and 
other traditional means of observation (such as cleaning and 
scraping, chain drags, and use of sounding rods and hammers) 
remain the primary methods of conducting field tests of bridges 
elements. However, a study released by the FHWA Destructive 
Evaluation Center in 2001 raised significant concerns over the 
reliability of visual inspections. The 2001 report found that 
visual inspections by 49 trained bridge inspectors from around 
the country of bridges with identified fatigue problems rarely 
detected defects. The Federal-aid Highway Act of 1968 
established the National Bridge Inspection Program (``NBIP'') 
and directed DOT to work with the States to establish national 
bridge inspection standards. Today, the NBIS require States to 
conduct routine safety inspections on each bridge at least once 
every 24 months to determine physical and functional conditions 
of the bridge. The Subcommittee reviewed the adequacy of 
current inspection requirements to assess where improvements 
are needed. This hearing was held as a follow-up to the 
Committee's September 5th hearing on structurally deficient 
bridges in the United States.
    On October 29, 2007, the Subcommittee held a field hearing 
in Chicago, Illinois to review Chicagoland's Transportation 
Needs for the 2016 Olympic Bid. Transportation issues with 
staging the Olympic Games are related to a dramatic short-term 
surge in transportation demand that has the potential to make 
it difficult to manage the games themselves and difficult to 
manage the normal functioning of the host city. Atlanta, the 
last U.S. city to host the summer Olympic Games, had an 
estimated 2 million spectators over 17 days. This was in 
addition to the 200,000 competitors, team officials, media, 
organizing committee staff, as well as 100,000 Atlantans 
working in the immediate vicinity of the sporting venues. The 
Subcommittee heard testimony from the President and CEO of 
Chicago 2016 Committee, State and city transportation 
officials, and representatives from industry and labor groups.
    On January 22, 2008, the House of Representatives passed 
H.R. 409 a bill to allow for inspections of highway tunnels. 
The legislation directs the Secretary of Transportation to 
establish: a national highway tunnel inspection program, 
including standards for the proper safety inspection and 
evaluation of all highway tunnels; a training and certification 
program for highway tunnel inspectors; and a national inventory 
of highway tunnels.
    On April 24, 2008, the Subcommittee held a hearing on 
freight movement from origin to destination. The design, 
organization, capacity, and operation of the nation's surface 
transportation system to move freight efficiently and reliably 
to its destination is one of the major issues that the 
Subcommittee will consider in the next surface transportation 
authorization bill. Rather than only looking at the issue of 
freight movement through specific points on the surface 
transportation system, such as major metropolitan areas or 
major freight bottlenecks, this hearing looked at the entire 
trip necessary to move freight from the point of origin to 
final destination, and assessed the variety of intermodal 
infrastructure required to complete freight delivery most 
efficiently.
    On May 6, 2008, the Subcommittee held an oversight hearing 
on the causes of rising diesel fuel costs and the impact of 
this trend on the trucking industry. The Subcommittee heard 
testimony from representatives from the trucking industry, 
shippers, and property brokers about the impacts of rising 
diesel prices.
    On June 5, 2008, the Subcommittee held a hearing on the 
investment levels and federal policies necessary to maintain 
the nation's existing highway and transit infrastructure to a 
state of good repair. Maintaining the nation's surface 
transportation infrastructure is critical to ensuring that 
these assets will remain safe and reliable in the future. The 
limited resources available to maintain and improve the 
condition and performance of the system have forced the 
agencies responsible for constructing, operating and 
maintaining the network to make difficult choices between 
system expansions and ongoing maintenance costs.
    On July 24, 2008, the House of Representatives passed the 
National Highway Bridge Reconstruction and Inspection Act of 
2007. This bill amends the Highway Bridge Program and the 
National Bridge Inspection Program to improve the safety of 
Federal-aid highway bridges, strengthen bridge inspection 
standards and processes, and increase investment in the 
reconstruction of structurally deficient bridges on the 
National Highway System.
    4. Financing Investments in Highways and Public 
Transportation. On March 27, 2007, the Subcommittee held a 
hearing on the structure of the federal excise tax on motor 
fuels and how the tax's structure affects the long-term 
financial viability of the Highway Trust Fund, which 
contributes most of the funding for the federal highway and 
transit programs. Most observers recognize that the current 
financing mechanism (using dedicated federal highway-related 
excise tax revenues to fund infrastructure programs and 
projects), though imperfect, has served the nation well in 
helping build a world class highway system and will continue to 
be the primary method of funding our highway and transit 
programs in the future. This hearing provided the Committee 
with a better understanding of the issues related to this 
financing mechanism and its structure.
    On April 11, 2008, the Subcommittee held a briefing for 
staff on the Intergovernmental Forum on Transportation 
Finance's report on ``Financing Transportation in the 21st 
Century,'' which examined an array of potential financing 
options for the surface transportation program.
    On September 15, 2008, the Congress enacted H.R. 6532, a 
bill that restored $8 billion in user fees to the Highway Trust 
Fund in order to retain the solvency of the account. This 
legislation will allow for continued funding of the surface 
transportation programs authorized under SAFETEA-LU.
    5. Alternative Sources to Generate Additional Resources for 
Investment. The Subcommittee held three hearings on public-
private partnerships. These hearings addressed a variety of 
topics including protecting the public interest, innovative 
contracting and procurement methods, and State and user 
perspectives.
    On February 8, 2007, the Subcommittee held a briefing with 
the Government Accountability Office on public-private 
partnerships and innovative financing methods.
    On February 13, 2007, the Subcommittee held a hearing on 
innovative financing under public-private partnership (``PPP'') 
arrangements. The purpose of the hearing was to address how the 
public interest should be protected when PPPs are used to 
provide innovative financing for infrastructure investment, and 
whether the model legislation developed by the Federal Highway 
Administration (``FHWA'') provides adequate safeguards for the 
public interest. The growing attention paid to utilizing these 
agreements across the country calls for greater public debate 
and evaluation of PPPs. The Subcommittee received testimony 
from officials of the U.S. DOT, the Wisconsin Department of 
Transportation, and the Metropolitan Transit Authority of 
Harris County, Texas, as well as representatives of the legal, 
financial, and research/advocacy community who specialize in 
PPP and transportation project financing.
    On April 17, 2007, the Subcommittee held a hearing on 
innovative contracting and procurement techniques under public-
private partnership (``PPP'') arrangements. Due to the 
complexity of these various innovative contracting techniques, 
the Subcommittee held this hearing to promote greater review of 
their use and the implications for the future of infrastructure 
financing. The Subcommittee received testimony from officials 
of the Federal Highway Administration, the Federal Transit 
Administration, the Utah Department of Transportation, TriMet 
(a transit agency in Oregon), as well as representatives of the 
engineering and construction industries and a transportation 
employee union.
    On May 24, 2007, the Subcommittee held a hearing on the 
views of State and local officials and the users on 
transportation project delivery and financing under PPP 
arrangements and State and local government concerns over the 
question of management and political control. The Subcommittee 
heard testimony from State and local officials, and 
representatives of the trucking industry, highway user and 
environmental communities.
    In May of 2007, the Subcommittee issued a policy paper 
discussing methods of protecting the public interest when 
creating public-private partnerships.
    On July 23, 2008, the Subcommittee held a briefing for 
Members to discuss future alternatives being examined as 
possible replacements for the current motor fuel excise tax--
the gas tax. Members received updates from two pilot programs: 
one being conducted by the Oregon DOT, which just concluded its 
first phase, and the other from Iowa State University, which 
receive funding in SAFETEA-LU and was just beginning 
operations.
    6. Innovative Contracting and Procurement Methods. On April 
17, 2007, the Subcommittee held a hearing on innovative 
contracting and procurement techniques under public-private 
partnership (``PPP'') arrangements. Due to the complexity of 
these various innovative contracting techniques, the 
Subcommittee held this hearing to promote greater review of 
their use and the implications for the future of infrastructure 
financing. The Subcommittee received testimony from officials 
of the Federal Highway Administration, the Federal Transit 
Administration, the Utah Department of Transportation, TriMet 
(a transit agency in Oregon), as well as representatives of the 
engineering and construction industries and a transportation 
employee union.
    7. Transportation Security. The Subcommittee continued to 
work to improve the overall security of the nation's surface 
transportation network. The Subcommittee examined the 
challenges associated with an integrated national driver's 
license system, as well as efforts to change commercial 
driver's license requirements to improve security. Further, the 
Subcommittee oversaw implementation of the mode-specific 
annexes to the Memorandum of Understanding (``MOU'') between 
the DOT and the Department of Homeland Security (``DHS'') 
(annexes for Transit and Pipelines have been executed). The 
Subcommittee also directed DOT and DHS to take further action 
on the requirements for public transportation security grants, 
including funding priorities, eligible activities, methods for 
awarding grants, and limitations on administrative expenses.
    On March 7, 2007, the Subcommittee, along with the 
Subcommittee on Railroads, Pipelines, and Hazardous Materials, 
held a joint oversight hearing on current issues related to 
Transit and Rail Security. This hearing addressed issues such 
as the roles and responsibilities of the Department of Homeland 
Security, the Federal Transit Administration, and the Federal 
Railroad Administration; the state of preparedness in the 
transit, rail, and over-the-road bus industries; and federal 
programs and activities that help meet the security needs and 
funding priorities for mitigation of security threats against 
the Nation's transit, rail, and over-the-road bus systems.
    The Conference Report on H.R. 1, the ``Implementing 
Recommendations of the 9/11 Commission Act of 2007'' (P.L. 110-
53; ``9/11 bill'') was signed into law on August 3, 2007, 
completing the unfinished work of the 109th Congress and fully 
implementing the recommendations set forth in the 9/11 
Commission Report. The Subcommittee was heavily involved in 
negotiations on this bill, which strengthens public 
transportation, bus, and truck security. This bill establishes 
new transit and over-the-road bus security grant programs 
funded at historically high levels; requires that all public 
transportation agencies and over-the-road bus operators at high 
risk for terrorism undergo an assessment of the vulnerability 
of their infrastructure and operations to terrorism, and 
prepare and implement a security plan; authorizes funding for a 
security research and development programs dedicated to public 
transportation and over-the-road bus transportation; requires 
DHS to establish a program for security exercises at public 
transportation systems and over-the-road bus systems; requires 
security training for employees and establishes strong 
whistleblower protections; requires employees of transit 
systems and over-the-road bus operators, or employees of 
contractors, to undergo a security background check; requires 
DHS and DOT to enter into a motor carrier annex to the MOU 
between the two Departments; and requires DHS to submit a 
report to Congress on the status of security in the trucking 
industry.
    Subcommittee staff also held several meetings with DHS and 
DOT officials, representatives of State legislatures, and other 
interested parties on the impacts of REAL ID requirements and 
the status of implementation of background check requirements 
for commercial motor vehicle drivers hauling hazardous 
materials.
    8. Surface Transportation and the Environment. On December 
19, 2007, the Congress enacted H.R. 6, the Energy Independence 
and Security Act of 2007, which included a number of provisions 
advocated by the Subcommittee. The bill authorized the Center 
for Climate Change and Environment within the Department of 
Transportation; commissioned a study on low-cost solutions for 
congestion; increased the federal share for congestion 
mitigation and air quality projects; prevented States from 
disproportionately targeting environmental programs through 
Congressional rescissions; and expressed the Sense of Congress 
that States and localities should enact complete street 
policies to accommodate the needs of all transportation users.
    On May 21, 2008, the House of Representatives passed H. 
Con. Res. 305, to recognize the importance of bicycling in 
transportation and recreation and to recognize that increased 
and safe bicycle use for transportation and recreation is in 
the national interest of the United States. This concurrent 
resolution also supports policies that increase bicycle use. 
H.Con.Res. 305 encourages the Department of Transportation to 
provide leadership and coordination by reestablishing the 
federal bicycle task force to include representatives from all 
relevant federal agencies.
    On June 26, 2008, the House of Representatives passed H.R. 
6052, the Saving Energy Through Public Transportation Act of 
2008, a bill to promote increased public transportation use, 
and to promote increased use of alternative fuels in providing 
public transportation. H.R. 6052 authorizes appropriations for 
each of FY2008-FY2009 for public transportation formula grants 
for urbanized areas and for other areas. It authorizes the 
Secretary of Transportation to make such grants for: operating 
costs of equipment and facilities being used to provide the 
public transportation or intercity bus service that the grant 
recipient is no longer able to pay as a result of reducing 
fares; operating and capital costs of equipment and facilities 
being used to provide transportation services or intercity bus 
service that the recipient incurs as a result of expanding such 
services; the avoidance of increased fares for public 
transportation or intercity bus service or decreased services; 
the costs of acquiring clean fuel or alternative fuel vehicle-
related equipment or facilities for the purpose of improving 
fuel efficiency; and administrative costs in establishing or 
expanding commuter matching services to provide commuters with 
information and assistance about alternatives to single 
occupancy vehicle use. This bill also requires the federal 
share of the costs for which such grants are made to be 100 
percent.
    9. Coordination of Human Services Transportation. The 
Subcommittee held a hearing on connecting communities and the 
role of the surface transportation network in moving people and 
freight. In many smaller communities, with both longer 
distances between built-up areas and low population densities, 
transit can help bridge the spatial divide between people and 
jobs, services, and training opportunities. The Subcommittee 
received testimony from two Secretaries of Transportation from 
largely non-urbanized States, a General Manager of a small 
urban transit agency, and a Director of State Government 
affairs for a busing company, an Executive Director for a 
regional planning agency, and an Executive Director for a 
paratransit provider.
    On July 30, 2008, the Congress enacted H.R. 3985, the Over-
the-Road Transportation Accessibility Act of 2007 (P.L. 110-
291), which requires the Federal Motor Carrier Safety 
Administration (``FMCSA'') to enforce Americans with 
Disabilities Act compliance before granting operating authority 
to over-the-road buses and during compliance reviews for these 
buses. This act adds as a registration condition for motor 
carriers of passengers that a carrier be willing and able to 
comply with specified accessibility requirements for 
transportation provided by an over-the-road bus (characterized 
by an elevated passenger deck located over a baggage 
compartment). This act directs the Secretary of Transportation 
and the Attorney General to enter into a memorandum of 
understanding to delineate the specific roles and 
responsibilities of the Department of Transportation and the 
Department of Justice, respectively, in enforcing carrier 
compliance with such requirements.
    10. Research and Innovative Technologies. On June 6, 2008, 
the Congress enacted the SAFETEA-LU Technical Corrections Act 
of 2008 (P.L. 110-244), which included a provision to fully 
fund the research programs authorized under SAFETEA-LU. Errors 
made in funding calculations resulted in lower than intended 
investment levels for several research programs. This act 
recaptures critical research funds for initiatives including 
the Future Strategic Highway Research program, the University 
Transportation Centers program, and DOT's biennial Conditions 
and Performance report.
    On September 25, 2008, the Subcommittee held a briefing on 
Intelligent Transportation Systems (``ITS''). The briefing 
included a discussion with leaders from the States, 
universities, and the private sector on the potential benefits 
in safety, mobility, and sustainability that can be achieved 
through research and deployment of ITS. Members also 
participated in hands-on demonstrations of the latest in 
innovative transportation technologies.
    11. Highway Safety. According to the National Highway 
Traffic Safety Administration (``NHTSA'') in 2007, 41,059 
people lost their lives and almost than 2.5 million people were 
injured in motor vehicle crashes. The Subcommittee has overseen 
and improved upon highway safety programs enacted in SAFETEA-
LU.
    On June 6, 2008, the Congress enacted the SAFETEA-LU 
Technical Corrections Act of 2008 (P.L. 110-244), which 
included a provision allowing States more flexibility to 
implement ignition interlock devices for repeat intoxicated 
driving offenders. This provision had been included in both the 
House and Senate passed bills, but it was not included in the 
conference report. According to NHTSA, repeat offenders make up 
approximately one third of all driving under the influence 
arrests each year. This new flexibility allows States more 
discretion to employ ignition interlocks, devices which prevent 
drivers from operating a motor vehicle while intoxicated, but 
allow them to continue to drive to work, school, or an alcohol 
treatment program.
    On July 16, 2008, the Subcommittee held a hearing on the 
effectiveness of the NHTSA's highway safety programs in 
addressing roadway safety. According to the Commission report, 
highway travel accounts for 94 percent of the fatalities and 99 
percent of the injuries on the Nation's surface transportation 
system. According to NHTSA, the 6.2 million motor vehicle 
crashes cost an estimated $230.6 billion related to deaths, 
injuries, property damage, productivity losses, medical bills, 
and other related costs.
    NHTSA has established a fatality rate goal of 1.35 deaths 
per 100 million vehicle miles traveled (``VMT'') in FY 2009, 
reducing to 1.0 per 100 million VMT by 2011. According to the 
Commission, a fatality rate of 1.0 per 100 million VMT would 
reduce total highway fatalities to just over 30,000 annually.
    The Subcommittee heard testimony from the NHTSA 
Administrator, the Government Accountability Office, a State 
highway safety administrator, and organizations and individuals 
working to improve highway safety. The witnesses discussed the 
challenges in implementing existing programs, and gave their 
recommendations for strengthening and improving Federal 
behavioral highway safety programs.
    The House of Representatives passed two resolutions to 
raise awareness for specific topics in highway safety. On April 
30, 2008, the House passed by voice vote H. Res. 964, a 
resolution to promote the safe operation of 15-passenger vans. 
This resolution raises awareness of the risks associated with 
the operation of 15-passenger vans, and encourages drivers of 
such vehicles to have appropriate training and passengers to 
follow all safety measures, including wearing seat belts.
    On May 21, 2008, the House passed by voice vote H. Res 339, 
supporting the goals of Motorcycle Safety Awareness Month. This 
resolution encourages all road users to be more aware of 
motorcycles and motorcyclists' safety, and encourages all 
motorcycle riders receive appropriate training and practice 
safe riding skills.
    12. Motor Carrier Safety. The Subcommittee reviewed the 
Federal Motor Carrier Safety Administration's (``FMCSA'') 
progress in improving safety on our nation's roads through the 
inspection of motor carriers and the enforcement of motor 
carrier regulations. The Subcommittee also worked to ensure the 
safety compliance of foreign motor carriers operating on U.S. 
roadways.
    The Subcommittee held four hearings to review FMCSA's 
progress in improving safety:
    On March 20, 2007, the Subcommittee held an oversight 
hearing to examine the safety of motor coach operations in the 
United States in light of several fatal accidents. The hearing 
also examined Federal regulations that govern motor coaches, 
the National Transportation Safety Board's (``NTSB'') 
recommendations with respect to bus safety, and the response of 
the Federal Motor Carrier Safety Administration in light of 
these accidents and findings. The hearing included testimony 
from FMCSA Administrator John Hill and examined questions about 
the adequacy of oversight efforts by the Federal Motor Carrier 
Safety Administration's (``FMCSA'') to ensure that bus 
companies comply with federal safety regulations and take the 
companies that do not comply off the road. NTSB Chairman 
Rosenker highlighted outstanding motor coach safety 
recommendations made by the Board since 1999 that have not been 
acted on by the Department of Transportation. In addition, he 
discussed the Board's conclusions from the Wilmer, Texas crash, 
which include that FMCSA's process to review the safety fitness 
of truck and bus companies is inadequate.
    On July 11, 2007, the Subcommittee held an oversight 
hearing to review the Federal Motor Carrier Safety 
Administration's oversight of high-risk carriers. The 
Subcommittee heard testimony from the Federal Motor Carrier 
Safety Administration regarding the agency's oversight of high-
risk motor carriers, and efforts to identify carriers that are 
not in compliance with Federal motor carrier safety laws and 
regulations. The Government Accountability Office (``GAO''), 
the Department of Transportation's Office of Inspector General 
(``DOT IG''), and the National Transportation Safety Board 
(``NTSB'') have issued numerous studies, reports, and 
investigative findings since 2000 regarding the FMCSA's 
enforcement programs and activities, and in particular the 
agency's efforts to target carriers that are at a high risk of 
an accident. At this hearing, witnesses from these 
organizations commented on the performance measures, monitoring 
tools, and enforcement programs, including compliance reviews, 
which FMCSA and its State partners utilize to examine a motor 
carrier's operations to determine the carrier's safety fitness 
and to target those operators who pose a safety risk.
    On November 1, 2007, the Subcommittee held an oversight 
hearing regarding vulnerabilities in the Drug and Alcohol 
Testing programs administered by motor carriers. This hearing 
was held in response to an in-depth, Committee-led review of 
conditions at facilities that perform urine collections for 
drug tests regulated by the Department of Transportation. The 
hearing examined weaknesses in the collection process that 
could allow drug-using commercial drivers to disguise their 
drug use and sought to identify the extent to which products 
manufactured and sold specifically to beat drug tests affect 
the integrity of the drug testing process. Finally, the hearing 
explored factors that enable drug-using drivers to continue to 
operate commercial motor vehicles and potential solutions to 
the identified weaknesses.
    On July 9, 2008, the Subcommittee held a hearing on Federal 
laws governing truck weights and lengths. The existing 
framework of laws and regulations governing minimum and maximum 
weights and lengths for trucks is a complex set of Federal 
standards that apply to the Interstate Highway System and the 
National Network, a system of approximately 209,000 miles of 
roads specifically designated in Federal regulations. There are 
numerous exceptions to these Federal standards which States 
have the authority to exercise, through statutory exemptions 
and grandfather rights. In addition, States also have the 
authority to issue permits to exempt trucks from Federal laws 
on the Interstate Highway System and National Network, the 
parameters, requirements, and costs of which vary from State to 
State. Subcommittee Members heard testimony from the Federal 
Highway Administration, FMCSA, representatives from State 
Departments of Transportation, local officials, and 
representatives of the trucking industry, shippers, safety 
groups, commercial vehicle law enforcement, the agricultural 
community. These witnesses discussed the origins of size and 
weight laws, implementation of Federal law at the State level, 
enforcement issues, and the impact of the existing regulatory 
framework on the nation's highway and bridge infrastructure, 
safety, and on interstate commerce.
    The Subcommittee also took several actions with respect to 
the safety compliance of foreign motor carriers operating on 
U.S. roadways:
    On February 23, 2007, Secretary of Transportation Mary 
Peters announced a plan to grant authority to 100 motor carrier 
companies based in Mexico to conduct long-haul operations 
beyond the commercial zones as part of a one-year pilot 
program. Prior to the pilot program, trucks entering from 
Mexico had been limited to approximately 20-mile-wide 
``commercial zones'' along the U.S.-Mexico border.
    On March 13, 2007, the Subcommittee held a hearing to 
examine the status of cross-border trucking operations between 
the United States and Mexico, and to assess safety issues 
surrounding a proposed U.S. Department of Transportation 
(``DOT'') demonstration project to allow Mexico-domiciled motor 
carriers access to U.S. roads beyond the commercial zones on 
the border. The hearing examined questions about DOT's legal 
authority to carry out a pilot program and to fully open the 
border, about potential impacts on safety, and about 
reciprocity for U.S. carriers seeking access to Mexico. John 
Hill, Administrator of the Federal Motor Carrier Safety 
Administration, and Jeffrey Shane, DOT Under Secretary for 
Policy, described the elements of the anticipated pilot 
program, and DOT Inspector General (``DOT IG'') Calvin Scovel 
discussed the findings of his investigations of the safety of 
Mexico-domiciled motor carriers and whether DOT has met 
Congressionally-mandated prerequisites to opening the border to 
truck traffic.
    In response to DOT's announcement and the findings of the 
hearing, on March 29, 2007, Representative Nancy E. Boyda, 
along with Chairman Oberstar and Subcommittee Chairman DeFazio 
introduced H.R. 1773, the ``Safe American Roads Act of 2007.'' 
This legislation authorized a three-year cross border trucking 
pilot program, but only under a specific set of conditions and 
once all prerequisites are met to ensure safety. The bill 
included mechanisms to shut the program down if the pilot 
program has any detrimental effect on safety. The bill also 
required Congress to pass additional legislation for the border 
to open fully beyond the limited pilot program. On May 15, 
2007, the House passed H.R. 1773 by a vote of 411-3.
    Congress included concepts from H.R. 1773 in the U.S. Troop 
Readiness, Veterans Care, Katrina Recovery, and Iraq 
Accountability Appropriations Act, 2007 (P.L. 110-28). Section 
6901 of the Troop Readiness Act required the DOT IG to verify 
that DOT is prepared to enforce Federal motor carrier safety 
laws and regulations with respect to Mexico-domiciled carriers, 
required DOT to address any issues raised by the IG, and 
required DOT to submit a report to Congress detailing 
corrective actions taken before the start of the pilot program. 
The Inspector General submitted his report to Congress on 
September 6, 2007, raising questions about whether DOT had 
sufficient plans in place to carry out the Department's 
commitment to check every truck every time it crosses the 
border into the United States under the pilot program. Within a 
few hours of receiving the IG report, the Secretary submitted 
her report to Congress and granted operating authority to the 
first Mexican trucking company under the pilot program.
    On July 24, 2007, the House adopted an amendment to H.R. 
3074, the FY 2008 Transportation, Treasury, Housing, and 
Related Agencies Appropriations Act, sponsored by Subcommittee 
Chairman DeFazio, to prohibit DOT from using funds to establish 
or implement a cross-border motor carrier pilot program. A 
similar provision was enacted on December 26, 2007 in Section 
136 of the Consolidated Appropriations Act.
    DOT continued its pilot program despite this funding 
prohibition, arguing that the language only prohibits future 
pilot programs and does not impact the program initiated in 
September 2007.
    On July 29, 2008, Subcommittee Chairman DeFazio introduced 
H.R. 6630, a bill to direct the Secretary of Transportation to 
terminate the one-year cross border demonstration project that 
began on September 6, 2007, no later than September 6, 2008. 
This bill passed the House on September 9, 2008 by a vote of 
395-18.
    Despite these legislative actions, on August 4, 2008, the 
Secretary of Transportation announced that the cross-border 
pilot program will be extended for an additional two years 
through September 2010.
    13. Household Goods. The ``Households Goods Mover Oversight 
Enforcement and Reform Act of 2005'' gave FMCSA and State 
Attorneys General more authority to enforce Federal and State 
consumer protection laws against fraudulent movers. The 
Subcommittee continued to monitor the implementation of these 
authorities, as well the ability of the States to use their new 
enforcement power, granted by Congress.
    In May 2007, the Government Accountability Office (``GAO'') 
issued a report required by SAFETEA-LU entitled ``Consumer 
Protection: Some Improvements in Federal Oversight of Household 
Goods Moving Industry Since 2001, but More Action Needed to 
Better Protect Individual Consumers.'' Subcommittee staff was 
briefed by representatives from GAO on the findings of this 
report. GAO found that Federal laws and regulations require 
FMCSA to provide protections for the 1.6 million consumers who 
annually hire interstate movers, but FMCSA lacks the 
information to determine the effectiveness of its efforts. 
Further, while SAFETEA-LU enhanced existing federal authority 
and expanded it to allow States to bring actions against 
interstate movers in Federal and State courts, there is no 
indication that any State has yet exercised this authority.
    Subcommittee staff also held several meetings with agency 
officials and representatives of the moving and storage 
industry regarding the ongoing implementation of these 
household goods provisions.

     Subcommittee on Railroads, Pipelines, and Hazardous Materials

    11. DOT FY 2008 Budget. The Subcommittee reviewed and 
evaluated the Administration's Department of Transportation 
(``DOT'') fiscal year 2008 budget proposals for the Federal 
Railroad Administration (``FRA''), Amtrak, the Surface 
Transportation Board (``STB''), the Railroad Retirement Board, 
the National Mediation Board, and the Pipeline and Hazardous 
Materials Safety Administration (``PHMSA''). Amtrak requested a 
total of $1.68 billion for FY2008, including $760 million in 
capital grants, $285 million in debt service, $485 million in 
operating grants, and $150 million in strategic investment 
needs, including $100 million for state corridor matching 
grants and $50 million in initial ADA station compliance. In 
contrast, the Administration's budget requested a total of $900 
million for Amtrak in FY 2008, $780 million less than Amtrak's 
request. The Administration requested $500 million for Amtrak 
capital grants, $272 million less than the FY 2007 level of 
$772 million. The Administration proposed no grant funding for 
Amtrak operations. Instead, it proposed $300 million for 
Efficiency Incentive Grants which would be used--at the 
discretion of the Secretary of Transportation--for operating 
expenses if Amtrak implemented a program to reduce Federal 
subsidies for long-distance trains by 30 percent annually 
through fiscal year 2010. The $300 million requested for 
Efficiency Incentive Grants is a $269 million increase above 
the $31 million likely FY 2007 funding level for such grants.
    The Administration's budget also proposed $100 million for 
a new and unauthorized ``Intercity Passenger Rail Grant 
Program.'' Under this program, States may apply to the Federal 
Railroad Administration (``FRA'') for grants up to 50 percent 
of the cost of capital investments necessary to support 
improved intercity passenger rail service that either requires 
no operating subsidy or for which the State or States agree to 
provide any needed operating subsidy. To qualify for funding, 
States would have to include intercity passenger rail service 
as an integral part of Statewide transportation planning as 
required under 23 U.S.C. 135. Additionally, the specific 
project would have to be on the Statewide Transportation 
Improvement Plan at the time of application.
    The Administration's budget also proposed requiring Amtrak 
to adopt various reforms. First, the Administration proposed 
that, within 30 days after enactment of the FY 2008 
appropriations act, Amtrak would be required to develop a 
comprehensive business plan for approval by the Secretary of 
Transportation that outlines how the Corporation will operate 
with a $300 million non-capital Federal investment in FY 2008. 
In addition, the business plan would provide detailed steps for 
reducing losses on long distance trains and describe how the 
Corporation could reduce Federal subsidies for long distance 
trains by 30 percent annually through FY 2010.
    In addition to the business plan, the Administration 
proposed that, within 30 days of enactment of the FY 2008 
appropriations act, Amtrak shall produce a comprehensive 
corporate-wide competition plan that will identify multiple 
opportunities for public and private entities to perform core 
Corporation business functions, including the operation of 
trains. The competition plan shall be implemented beginning in 
2008, upon its approval by the Secretary of Transportation.
    The Consolidated Appropriations Act, 2008, signed into law 
by President Bush on December 26, 2007, provided Amtrak with a 
total of $1.325 billion, including $565 million in capital 
grants, $285 million in debt service, and $475 million in 
operating grants (P.L. 110-161).
    12. DOT FY 2009 Budget. The Subcommittee reviewed and 
evaluated the Administration's Department of Transportation 
(``DOT'') fiscal year 2009 budget proposals for the Federal 
Railroad Administration (``FRA''), Amtrak, the Surface 
Transportation Board (``STB''), the Railroad Retirement Board, 
the National Mediation Board, and the Pipeline and Hazardous 
Materials Safety Administration (``PHMSA''). Amtrak requested 
$1.785 billion for FY2009, including $639 million in operating 
grants, $801 million in capital grants, and $345 million in 
debt service. The Administration's FY 2009 budget request for 
Amtrak essentially mirrored the request the Administration made 
for Amtrak under its FY2008 budget. It proposed no direct funds 
for Amtrak operations. It proposed $275 million in ``Efficiency 
Incentive Grants'' that may be provided to Amtrak for operating 
expenses at the Secretary's discretion. It also proposed to 
allow the Secretary to withhold all grant funds for Amtrak if 
the Secretary finds that the Corporation has not adequately 
maintained the Northeast Corridor. The Administration's FY 2009 
budget request proposed to prohibit Amtrak from using any 
Federal subsidies for food and beverage services in 2009 and 
beyond. The Committee supported providing at least $1.785 
billion for Amtrak in FY 2009. The Consolidated Security, 
Disaster Assistance, and Continuing Appropriations Act, 2009, 
signed by President Bush into law on September 30, 2008, 
maintained Amtrak funding at FY2008 levels through March 6, 
2009 (P.L. 110-329).
    The Administration's budget also requested to reform the 
Railroad Rehabilitation and Improvement Financing (``RRIF'') 
program by capping loan commitments at $700 million. Further, 
the Administration proposed that no direct loans will be 
supported in FY 2009. The Administration's FY 2009 budget 
request proposed $6.72 million for positive train control 
projects.
    The Administration's FY 2009 budget request also proposed 
to fund the pipeline safety program at $74 million, $17.9 
million below the authorized amount. The Subcommittee 
recommended that the program be funded at the authorized levels 
established by the Pipeline Inspection, Protection, Enforcement 
and Safety Act of 2006.
    13. Reauthorization of the Federal Rail Safety Program. The 
Federal rail safety program was last reauthorized under the 
Federal Railroad Safety Authorization Act of 1994; this 
authorization expired at the end of fiscal year 1998. The 
Subcommittee held six hearings, including two field hearings to 
provide oversight on the Federal rail safety program as well as 
to consider reauthorization of the FRA. These hearings were:

Hearing on the Reauthorization of the Federal Rail Safety Program

    On January 30, 2007, the Subcommittee met to receive 
testimony on the Federal rail safety program and to discuss 
proposals for reauthorization of the Federal Railroad 
Administration (``FRA''). The FRA was last reauthorized by the 
Federal Railroad Safety Authorization Act of 1994; that 
authorization expired in 1998. One of the main responsibilities 
of the FRA is to promulgate and enforce rail safety 
regulations. It also conducts research and development in 
support of improved rail safety. In addition, the FRA has a 
number of responsibilities relating to rail security, including 
assessing civil and criminal penalties for actions that impair 
or impede the operation of railroad equipment. The FRA has the 
authority to issue regulations and orders pertaining to rail 
safety and security and to issue civil and criminal penalties 
to enforce those regulations and orders. Under current law, all 
laws, regulations, and orders related to rail safety and 
security must be nationally uniform to the extent practicable. 
A State may adopt or continue in force a law, regulation, or 
order related to rail safety or security until the Secretary of 
Transportation or the Secretary of Homeland Security prescribes 
a regulation or issues an order covering the subject matter of 
the State requirement. The FRA relies on 421 Federal safety 
inspectors and 160 State safety inspectors to monitor the 
railroads' compliance with federally mandated safety standards.
    At the hearing, the Administrator of the FRA testified that 
the railroad industry's overall safety record has improved 
during recent decades, and most safety trends are heading in 
the right direction. The Administrator testified that the FRA 
has undertaken a number of initiatives to improve rail safety, 
including the National Rail Safety Action Plan; a rulemaking to 
Federalize core railroad operating rules governing the handling 
of track switches, leaving cars in the clear, and shoving cars; 
deployment of new track inspection vehicles; and development of 
positive train control technology. The Vice Chairman of the 
National Transportation Safety Board (``NTSB'') testified that 
the NTSB continues to have concerns with several aspects 
relating to rail safety, including railroad fatigue, the 
transportation of hazardous materials in tank cars, and 
positive train control. The Department of Transportation 
Inspector General testified that it would like to see two key 
issues addressed in FRA reauthorization: (1) improving grade 
crossing safety through better compliance with safety 
regulations and by working with states, and (2) identifying 
safety trends through data analysis. The Government 
Accountability Office (``GAO'') testified that based on a 
recent report on the FRA's overall safety oversight strategy, 
it recommended that FRA (1) put into place measures of the 
results of its inspection and enforcement program; and (2) 
evaluate its enforcement program.

Hearing on the Reauthorization of the Federal Rail Safety Program (Pt. 
        II)

    On January 31, 2007, the Subcommittee reconvened to 
continue receiving testimony on the Federal rail safety program 
and to discuss proposals for reauthorization of the FRA.
    The President and Chief Executive Officer of the 
Association of American Railroads (``AAR'') testified in 
support of the Committee adopting performance-based, as opposed 
to design-based, standards in any reauthorization that 
addressed workplace safety regulation. The President of AAR 
also stated that the overall railroad industry safety record is 
excellent, reflecting the extraordinary importance railroads 
place on the safety of their employees and the communities they 
serve. The President of the Transportation Trades Department, 
AFL-CIO, testified that safety in the railroad industry has 
deteriorated in recent years and urged the Subcommittee to 
reauthorize the FRA in order to improve rail safety. He also 
urged the Subcommittee to adopt legislation that improved 
whistleblower protections; mandated minimum training standards, 
as well as methods to ensure that training programs are 
appropriate and effective; revise the Hours of Service statute 
to ensure workers obtain adequate rest; eliminate limbo time; 
and adopt new rail safety technologies. The President of the 
Teamsters Rail Conference testified that any reauthorization 
should include increased employee protections; address rail 
worker fatigue by counting limbo time as time on duty; require 
ten-hour calling times to ensure proper rest; ensure 
appropriate staffing; address dark territory; and eliminate 
camp cars. Finally, the American Association for Justice 
testified that the Subcommittee should adopt an amendment to 
clarify the preemption clause in the Federal Rail Safety Act, 
making it clear that any uniform standards established by the 
FRA pursuant to the FRSA are minimum standards.

Hearing on Fatigue in the Rail Industry

    On February 13, 2007, the Subcommittee met to receive 
testimony on fatigue in the rail industry. The FRA reports that 
human factors are responsible for nearly 40 percent of all 
train accidents, and a new study confirms that fatigue plays a 
role in approximately one out of four of those accidents.
    The hours of service law, which was originally enacted in 
1907, and substantially amended in 1969, deals only with acute 
fatigue, not with cumulative fatigue. The law permits working 
11 hours and 59 minutes followed by eight hours off duty and 
another 11 hours and 59 minutes on duty, perpetually. This kind 
of ``backward-rotating shift'' can wreak havoc on an employee's 
circadian rhythm.
    Additionally, the law does not address ``limbo time,'' 
which is the time when a crew's working assignment was finished 
and they are waiting for transport back to their homes. During 
limbo time, crewmembers are required to stay awake, alert, and 
able to respond to any situation and follow the railroad's 
operating rules, which means that crews are regularly on the 
job for 15 to 20 hours at a time.
    The DOT on numerous occasions has formally submitted 
legislation to reform the hours of service law, supplement it 
with fatigue management requirements, or authorize the FRA to 
prescribe regulations on fatigue in light of current scientific 
knowledge. Currently, the statute contains no substantive 
rulemaking authority over duty hours. The FRA's lack of 
regulatory authority over duty hours, unique to FRA among all 
the safety regulatory agencies in the Department, precludes FRA 
from making use of almost a century of scientific learning on 
the issue of sleep-wake cycles and fatigue-induced performance 
failures. Despite the need for reform to address fatigue, no 
action has been taken.
    At the hearing, the Administrator of the FRA testified that 
the DOT should have the regulatory authority to replace the 
hours of service laws with scientifically based regulations, 
after first seeking consensus recommendations from the agency's 
Railroad Safety Advisory Committee. The Chairman of the NTSB 
testified that the Hours of Service Act was antiquated and 
should be revised. Additionally, the Chairman of the NTSB 
observed that in the past two decades, the Safety Board has 
issued 33 recommendations specific to railroad employee 
fatigue. The President of the AAR urged caution for any 
revisions to the Hours of Service Act. The Director of 
Regulatory Affairs for the Brotherhood of Locomotive Engineers 
and Trainmen urged the Subcommittee to pass common sense 
legislation enabling the FRA to affirmatively and aggressively 
regulate fatigue in our industry.

Hearing on the Role on Human Factors in Rail Accidents

    The Subcommittee met on March 16, 2007, in San Antonio, 
Texas to receive testimony on the role of human factors in rail 
accidents. According to the FRA, there were 2,835 train 
accidents in 2006 (excluding grade crossing collisions), which 
resulted in six fatalities and 172 injuries. Twelve percent of 
these train accidents, or 342 of the 2,835 accidents, occurred 
in Texas--the highest number of train accidents among all of 
the states.
    The FRA organizes the causes of train accidents into five 
categories: human factors; track and structures; equipment; 
signal and train control; and miscellaneous. Human factors and 
track defects consistently rank as the top two causes of all 
train accidents. According to the FRA, almost 40 percent of all 
train accidents are the result of human factors. Since 1994, 
when Congress last reauthorized the FRA, the number of train 
accidents caused by human factors has increased from 911 in 
1994 to 1,000 in 2006. In 2006, 129 of the 342 train accidents 
that occurred in Texas were the result of human factors; 132 
train accidents were caused by track defects.
    The top five most common human factors causes for accidents 
are: improperly lined switches; absence of an employee on, at, 
or ahead of a shoving movement; failure to control a shoving 
movement; switch previously run through; failure to secure a 
hand brake; and cars left afoul. All of these accident causes 
were contributing factors in a series of accidents that 
occurred in Texas and across the U.S. over the last decade.
    At the hearing, witnesses discussed accidents in Texas 
involving human factors, which resulted in hazardous materials 
releases, and a number of fatalities and injuries. Local 
witnesses urged the Subcommittee to consider mandating re-
routing trains carrying hazardous materials, including those 
that are toxic-by-inhalation, around major metropolitan areas, 
such as San Antonio. The NTSB testified that the accidents 
would have been preventable had the railroads installed a 
positive train control (``PTC'') system. The NTSB recommended 
that the Subcommittee mandate installation of PTC in the rail 
safety bill and address the issue of fatigue.

Hearing on Rail Safety Legislation

    On May 8, 2007, the Subcommittee met to receive testimony 
on pending rail safety legislation. The FRA was last 
reauthorized in 1994; that authorization expired in 1998. 
Following the previous reauthorization, the Subcommittee and 
the previous Subcommittees that held jurisdiction over the FRA 
held 22 hearings on rail safety. On May 2, 2007, Chairman 
Oberstar and Chairwoman Brown introduced H.R. 2095, the Federal 
Railroad Safety Improvement Act of 2007. H.R. 2095 is a four-
year reauthorization for the Federal rail safety program. It 
requires the Secretary to develop a long-term strategy for 
improving railroad safety; strengthens hours-of-service for 
signalmen and train crews by increasing rest time and 
eliminating limbo time; requires railroads to remove and 
maintain clear from its right-of-way at all grade crossings all 
vegetation that may obstruct the view of pedestrians and motor 
vehicle operators for a reasonable distance in either 
direction; requires all railroads and States to report 
information on grade crossings to the Secretary to enable the 
Secretary to update the DOT's grade crossing inventory; 
increases the ceiling for civil penalties for general railroad 
safety violations, accidents and incident violations, and 
hours-of-service violations; requires Class I railroads to 
implement positive train control systems by December 31, 2014; 
requires the Secretary to issue a regulation requiring 
railroads to manage the rail in their tracks to minimize 
accidents due to internal rail flaws; and requires the 
Secretary to establish minimum training standards for each 
craft of railroad employees.
    At the hearing, the Administrator of the FRA urged the 
Subcommittee to adopt H.R. 1516, the Administration's 
alternative to H.R. 2095. The President of TTD supported H.R. 
2095, including the provisions requiring prompt medical 
attention for rail workers and stronger whistleblower 
protections. The Teamsters Rail Conference and the United 
Transportation Union stated that nothing is more important to 
improving rail safety than the provisions in H.R. 2095 relating 
to worker fatigue. However, the President of the AAR expressed 
a number of concerns with H.R. 2095, including the provisions 
that dealt with worker fatigue, limbo time, and positive train 
control.

Hearing on Federal, State, and Local Roles in Rail Safety

    On August 9, 2007, the Subcommittee held a field hearing in 
Norwalk, California to receive testimony on Federal, State, and 
local roles in rail safety. Federal, State, and local 
governments all play a role in rail safety. The FRA administers 
the Federal rail safety program. It has the authority to issue 
regulations and orders pertaining to rail safety and to issue 
civil and criminal penalties to enforce those regulations and 
orders. The FRA relies on 421 Federal safety inspectors and 160 
State safety inspectors to monitor the railroads' compliance 
with the federally-mandated regulations and orders. These 
inspectors operate out of eight regional offices and are 
divided into six safety disciplines: (1) Track and Structures; 
(2) Signal and Train Control; (3) Motive Power and Equipment; 
(4) Operating Practices, which includes (5) Drug and Alcohol; 
and (6) Hazardous Materials. They also promote numerous 
initiatives under the Highway-Rail Grade Crossing and 
Trespasser Prevention Programs.
    Federal law requires all laws, regulations, and orders 
relating to rail safety to be nationally uniform to the extent 
practicable. A State may adopt or continue to enforce a law, 
regulation, or order related to rail safety until the Secretary 
of Transportation prescribes a regulation or issues an order 
covering the subject matter of the State requirement. A State 
may adopt or continue to enforce an additional or more 
stringent law, regulation, or order only in instances where the 
law, regulation, or order is necessary to eliminate or reduce 
an essentially local safety hazard; is compatible with a law, 
regulation, or order of the United States Government; and does 
not unreasonably burden interstate commerce.
    While state rail safety standards are limited by the 
Federal preemption standard, they do play an important and 
growing role in monitoring railroads' compliance with 
federally-mandated safety standards. Today, 30 States employing 
160 safety inspectors participate in the FRA's Rail State 
Safety Participation Program. State programs generally 
emphasized planned, routine compliance inspections; however, 
States may undertake additional investigative and surveillance 
activities consistent with overall program needs and individual 
State capabilities.
    At the hearing, the Deputy Administrator of the FRA 
observed that a number of enforcement issues left to State and 
local governments control are important to railroad safety, 
especially to crossing safety. He stated that railroads are 
required to cooperate fully with local law enforcement 
authorities during their investigations of highway-rail grade 
crossing collisions, which are traffic accidents. Further, 
important issues relating to grade crossing safety are also 
matters of State law. Likewise, the prohibition of trespassing 
on railroad property and of vandalism of railroad property and 
other property that affects railroad safety is primarily a 
matter of State law that has a significant impact on railroad 
safety. Trespassing is the leading cause of death associated 
with the railroad industry, so this is an area where States can 
(and need to) make a tremendous contribution to railroad 
safety. The regional vice president for BNSF testified that the 
fundamental framework of the Federal rail safety program 
succeeds in providing an increasing level of safety, while 
allowing railroads, local communities and State public utility 
commissions to work together to address issues of concern 
related to operations through communities. The Mayor of Pico 
Rivera, who testified at the hearing, urged Congress to assist 
local communities by mandating a more aggressive and responsive 
role for the railroads, particularly as it relates to health 
and safety issues. Additionally, he urged Congress to mandate 
that railroads grant access to their rights-of-way by cities 
and communities on a case-by-case basis in order to mitigate 
safety, trash, graffiti and vandalism concerns in a timely 
fashion.

H.R. 2095, the Federal Railroad Safety Improvement Act of 2007

    On May 1, 2007, Chairman James L. Oberstar and Subcommittee 
Chairwoman Corrine Brown introduced H.R. 2095, the Federal 
Railroad Safety Improvement Act of 2007. The Committee reported 
H.R. 2095 favorably to the House on September 19, 2007. The 
House passed the bill 377-38 on October 17, 2007. The House and 
Senate negotiated a final bill, which combined H.R. 2095 and 
H.R. 6003, and passed the House by voice vote on September 24, 
2008 and the Senate 74-24 on October 1, 2008. The bill was 
signed into law by the President on October 16, 2008 (Public 
Law No. 110-432).
    H.R. 2095 reauthorizes the Federal Railroad Administration 
(``FRA'') and provides $1.625 billion for our nation's rail 
safety program over the period encompassing fiscal years 2009 
through 2013. The authorization of the rail safety program 
expired a decade ago, in 1998.
    The Act clarifies that the mission of the FRA is to ensure 
that safety is the highest priority; creates a new position of 
Chief Safety Officer; requires the Secretary of Transportation 
to develop a long-term strategy for improving rail safety, 
which must include an annual plan and schedule for, among other 
things, reducing the number and rates of accidents, injuries, 
and fatalities involving railroads; and requires annual 
reporting from the Secretary on the Department's progress in 
implementing unmet statutory mandates and open safety 
recommendations by the Department of Transportation's Inspector 
General and the National Transportation Safety Board 
(``NTSB'').
    The Act implements a number of long-standing NTSB safety 
recommendations by requiring all Class I railroads and 
intercity passenger and commuter railroads to install a 
positive train control system by December 31, 2015, on all 
main-line track where intercity passenger railroads and 
commuter railroads operate and where toxic-by-inhalation 
hazardous materials are transported; reforming hours-of-service 
standards to provide train crews with more rest time; requiring 
Class I railroads to provide emergency escape breathing 
apparatus for all crewmembers on freight trains carrying 
hazardous materials; and strengthening track and grade crossing 
safety.
    The Act also enhances railroad worker training; prohibits 
railroads from denying, delaying, or interfering with the 
medical treatment of injured workers; increases civil penalties 
for certain rail safety violations; enhances bridge and tunnel 
safety; establishes a program at the NTSB to assist victims and 
their families involved in a passenger rail accident, modeled 
after a similar aviation disaster program; and ensures that 
State governments are able to protect their citizens against 
environmental hazards, such as noxious fumes or leaks into 
groundwater, which could result from operation of a waste 
processing facility by a railroad.
    4. Rail Security. On March 7, 2007, the Subcommittee on 
Highways and Transit and the Subcommittee on Railroads, 
Pipelines, and Hazardous Materials held a joint hearing to 
examine the current issues in transit and rail security, 
including the roles and responsibilities of the Department of 
Homeland Security, the Federal Transit Administration, and the 
Federal Railroad Administration; the state of preparedness in 
the transit, rail, and over-the-road bus industries; and 
Federal programs and activities that help meet the security 
needs and funding priorities for mitigation of security threats 
against the Nation's transit, rail, and over-the-road bus 
systems.
    At the hearing, the President of the Association of 
American Railroads (``AAR'') testified that the railroads 
should have access to pertinent intelligence information in 
creating their security plans, and remain in constant 
communication with the Transportation Security Administration 
(``TSA''), the Department of Defense, and the Department of 
Transportation. The Government Accountability Office 
recommended that TSA complete risk assessments, develop rail 
security standards based on best practices, and consider 
implementing practices used by foreign rail operators. The 
Amtrak Inspector General recommended that security standards 
and best practices be fully developed before promulgating 
security regulations and to ensure linkage between security and 
safety. Labor testified that Congress should mandate security 
training for workers.
    On January 9, 2007, the House passed H.R. 1, the 
Implementing Recommendations of the 9/11 Commission Act of 
2007. H.R. 1 was signed into law on August 3, 2007, and 
included several provisions to improve rail security. These 
provisions included requiring the Secretary to establish a task 
force to help develop a Federal strategy to improve railroad 
security; requiring railroads to provide security planning for 
frontline employees; providing grants to railroads for security 
improvements and to Amtrak for security upgrades and fire and 
life-safety improvements to tunnels in New York, NY, Baltimore, 
MD, and Washington, DC; and requiring the Secretary of the DOT 
to issue a rule requiring that rail carriers that ship 
security-sensitive materials identify alternate routes, analyze 
the safety and security considerations of such alternative 
routes, and use such routes with the least safety and security 
risk when transporting security-sensitive materials.
    5. Reauthorization of Amtrak. The authorization for Amtrak 
expired at the end of fiscal year 2002. The Subcommittee held 
six hearings on Amtrak and intercity passenger rail systems, 
including high-speed rail, and Amtrak reauthorization 
legislation. These hearings also provided oversight of Amtrak's 
performance and operations. These hearings were:

Hearing on International High Speed Rail Systems

    On April 19, 2007, the Subcommittee held a hearing to 
examine international high-speed rail systems. High-speed rail 
is a form of rail transport, commonly defined as electronically 
propelled trains that operate at speeds exceeding 150 miles per 
hour (``mph''), with many trains testing at speeds in excess of 
320 mph. At high speeds, trains must be completely grade 
separated, meaning there are no at-grade crossings with roads 
or other modes of transportation. The tracks are fenced to 
prevent intrusion, and the trains must run on dedicated 
alignments with few stops to maximize performance. High-speed 
trains also must have sophisticated, modern signaling and 
automated train control systems.
    High-speed rail transportation is widely use in France, 
Germany, Great Britain, Spain, Italy, Japan, China, South 
Korea, Sweden, and the Netherlands. By comparison, the only 
American line that can approach the speeds of the European and 
Asian high-speed rail systems is Amtrak's Acela line, which 
operates between Washington, DC and Boston. The Acela is 
capable of achieving speeds of up to 135 mph between 
Washington, DC and New York, NY and 150 mph between New York, 
NY and Boston, MA, but usually averages considerably less than 
that (82 mph and 66 mph, respectively), largely due to 
congestion and track conditions.
    Witnesses appearing at the hearing testified on behalf of 
France, Japan, China, Spain, and the International Railway 
Association. Witnesses stated the reason for high-speed rail's 
success is due to a number of factors, including their 
governments' willingness to invest significant public funds to 
develop high-speed rail and to make rail a fierce competitor to 
other modes. The witnesses also testified to the benefits of 
high-speed rail, including job creation and environment 
benefits.

Hearing on Amtrak Strategic Initiatives

    On June 12, 2007, the Subcommittee held a hearing to review 
Amtrak's fiscal year (``FY'') 2008 Strategic Plan (``Plan''). 
The Plan is a collaborative product of Amtrak's management and 
Board of Directors that establishes certain business goals to 
improve profitability, expand and enhance services, improve its 
physical assets, and improve employee and passenger safety.
    At the hearing, Amtrak's President and Chief Executive 
Officer (``CEO'') testified that Amtrak was developing a 
strategic plan to meet these challenges. This included focusing 
on continued company-wide cost reduction initiatives to reduce 
Amtrak's reliance on federal operating assistance and 
increasing revenue by adding frequencies and improving revenue 
management. Amtrak's other key goals and objectives include 
containing cost growth, improving financial transparency, 
providing a safe environment for employees and passengers, 
improving the management of our human capital, and finally 
conserving natural resources. The Plan intends to reduce 
Amtrak's dependence on Federal operating support over the next 
five fiscal years by increasing revenue and containing costs. 
Amtrak's President and CEO also outlined several goals Amtrak 
would like to accomplish in a reauthorization bill. These were 
to solidify Amtrak's role in providing intercity passenger rail 
service, including establishing a federal policy for corridor 
development, improving long-distance services to better link 
state and regional corridors, and becoming a more relevant 
transportation alternative. He also stated that it should help 
Amtrak take advantage of opportunities to connect Amtrak's 
intercity trains with other modes of travel.

Hearing on the Benefits of Intercity Passenger Rail

    On June 26, 2007, the Subcommittee held a hearing to 
examine the benefits of intercity passenger rail. Nearly all 
intercity passenger rail in the United States is operated by 
the National Railroad Passenger Corporation, otherwise known as 
Amtrak. Most of this service is part of Amtrak's ``basic 
system'' that includes a network of 21,000 miles of rail over 
which 300 trains operate per day (excluding commuter trains) 
serving more than 500 communities in 46 states. In addition, a 
number of states have contracted with Amtrak to operate state-
supported intercity passenger rail services. Amtrak serves over 
24.3 million passengers annually, generating ticket revenues 
above $1.37 billion.
    At the hearing, the Secretary of the Wisconsin Department 
of Transportation testified of the benefits intercity passenger 
rail poses for congestion relief, economic develop, and 
disaster relief. The Commissioner of the New York Department of 
Transportation testified of the important interconnectivity 
benefits Amtrak provides New York for the rest of the Northeast 
Corridor. The Chair of the Midwest Interstate Passenger Rail 
Commission testified that passenger rail development is a 
bargain compared to building roads and airports. For example, 
one railroad track can carry the same number of people as a 10-
lane highway, at a fraction of the cost. Finally, the High-
Speed Rail Project Manager for the Environmental Law and Policy 
Center urged the Subcommittee to adopt legislation that favored 
increased support for Amtrak and intercity passenger rail.

Hearing on Amtrak's Capital Needs

    On July 11, 2007, the Subcommittee held a hearing to 
examine Amtrak's capital needs, as part of a larger effort to 
introduce Amtrak reauthorization legislation. In 2005, Amtrak 
completed a comprehensive catalog of its capital needs. The 
analysis showed a $4.2 billion backlog of investment to bring 
the Amtrak engineering infrastructure system to a state-of-
good-repair (``SOGR''), excluding some major bridge and tunnel 
work. With the backlog of bridge and tunnel work included, that 
backlog approaches an estimated $6 billion. The current SOGR 
backlog is based on the population of assets beyond their 
current design life at the current unit cost to replace those 
assets. There is a corresponding annual incremental investment 
needed to maintain the infrastructure once at a SOGR.
    Even with adequate funding, resources, and additional 
equipment, Amtrak estimates the backlog of work will take a 
minimum of 10 years to complete to maintain a reliable level of 
rail service as the construction is completed. Based on a 10-
year catch-up scenario, the Amtrak capital funding needed 
during this period would be approximately $715 million per year 
through fiscal year 2011 and $600 million per year for each 
fiscal year 2012 to 2016 (in 2005 dollars).
    Additionally, there are plans to focus its attention on 
renewing its aging fleet of locomotives and passenger cars 
while making the best use of existing equipment. Amtrak 
estimates that the average age of its locomotives is 11 years, 
with locomotives ranging from 5 to 25 years old. The average 
lifespan of a locomotive is 25 to 30 years. The average age of 
Amtrak's passenger cars is 23 years, with passenger cars 
ranging from 5 to 55 years old. The average lifespan for 
passenger cars is 40 to 50 years. Amtrak estimates that it 
would cost $4 billion to replace its entire fleet of 1,542 
passenger cars at $2.5 million per unit, and $2.5 billion to 
replace its entire fleet of 497 locomotives at $5 million per 
unit.
    Amtrak's President and CEO, Alexander Kummant, who 
testified at the hearing, observed that an important component 
to helping Amtrak reduce its backlog effectively and quickly is 
the security of a multi-year funding bill. This would allow 
Amtrak to plan its workforce, capital project schedule, and 
organization more effectively. Also, Mr. Kummant observed that 
the reason the Northeast Corridor is not a dedicated high-speed 
corridor is partially due to its history of serving all 
communities along the corridor. Cost is also a factor. Amtrak 
estimates it would cost approximately $10 billion to engineer 
the corridor to reduce trip time to 2 hours and 20 minutes 
(from current trip time of 2 hours and 45 minutes).

Hearing on the Role of Intercity Passenger Rail During National 
        Emergencies

    On February 11, 2008, the Subcommittee held a field hearing 
in New Orleans, Louisiana to receive testimony on the role of 
intercity passenger rail during national emergencies. Intercity 
passenger rail has many advantages in disaster situations, 
including evacuating residents, transporting first responders 
and equipment to assist disaster relief efforts, and often 
responding to people who lack alternative modes of 
transportation, such as those who rely on public 
transportation. Further, it is helpful for transporting 
individuals that need special assistance due to medical 
conditions or hospitalization. Finally, it is sometimes the 
only mode available to transport people and equipment medium- 
and long-distances in a timely manner.
    The Mayor of New Orleans, who testified at the hearing, 
reported that passenger rail is a critical component of the 
City's evacuation planning, and urged Congress to support full 
funding for Amtrak. Dr. John Bertini, a witness who assisted 
with the evacuation of New Orleans following Hurricane Katrina, 
testified that intercity passenger rail allows evacuees to be 
cared for while rapidly fleeing danger under the care of a 
small number of crew. The Southern Rapid Rail Transit 
Commission testified that while intercity passenger rail is an 
important resource for evacuation, its greatest contribution 
comes in the post-disaster recovery phase for displaced 
residents.

Hearing on Amtrak Reauthorization Legislation

    On May 14, 2008, the Subcommittee held a hearing to receive 
testimony on Amtrak reauthorization legislation, H.R. 6003, the 
Passenger Rail Investment and Improvement Act of 2008. Amtrak 
was last reauthorized in 1997 for the period FY1997 to FY2002 
at a total funding level of $5.16 billion. This authorization 
provided only enough funding for Amtrak to continue operations, 
but little more to improve its infrastructure or bring its 
network to a state-of-good-repair.
    Since the last authorization expired in 2002, numerous 
bills were introduced in the 107th, 108th, and 109th Congresses 
to reauthorize Amtrak. The Committee on Transportation and 
Infrastructure reported several bills to reauthorize Amtrak. 
Despite strong bipartisan support in the Committee for Amtrak 
reauthorization, none of the bills were considered by the full 
House of Representatives. Since the last authorization expired 
in 2002, the Subcommittee and its predecessor subcommittees 
have held 11 hearings on Amtrak.
    H.R. 6003 substantially increases capital and operating 
grants to Amtrak. It includes an average of $1.34 billion per 
year in capital grants for a new state grant program and for 
Amtrak's capital needs and $606 million per year in Amtrak 
operating grants. It also provides $350 million per year to 
develop high-speed rail corridors.
    At the hearing, Wisconsin's Secretary of Transportation 
testified that the federal funding authorized by H.R. 6003 over 
the next five years will insure a sound financial foundation 
for Amtrak operations in the Northeast Corridor, for Amtrak's 
long-distance trains, and for Amtrak partnerships with states 
in regional corridors. The President and CEO of Amtrak 
testified that the bill was a strong statement of support for 
Amtrak and intercity passenger rail.

H.R. 6003, the Passenger Rail Investment and Improvement Act of 2008

    On May 8, 2008, Chairman Oberstar, Ranking Member Mica, 
Chairwoman Brown, and Ranking Member Shuster introduced H.R. 
6003, the Passenger Rail Investment and Improvement Act of 
2008. The Committee reported H.R. 6003 favorably to the House 
on June 5, 2008. The House passed the bill 311-104 on June 11, 
2008. The House and Senate negotiated a final bill, which 
combined H.R. 2095 and H.R. 6003, and passed the House by voice 
vote on September 24, 2008 and the Senate 74-24 on October 1, 
2008. The bill was signed into law by the President on October 
16, 2008 (Public Law No. 110-432).
    The Passenger Rail Investment and Improvement Act of 2008 
reauthorizes Amtrak and provides a total of $13.06 billion over 
five years to help bring the Northeast Corridor to a state-of-
good-repair, and encourage the development of new and improved 
intercity passenger rail service through an 80-20 Federal/State 
matching grant program. It also provides $1.5 billion for the 
planning and development of high-speed rail corridors.
    Specifically, the Act authorizes $5.315 billion over five 
years to Amtrak for capital grants and $2.949 billion over five 
years for operating grants. Past inconsistent Federal support 
has hampered Amtrak's ability to replace catenaries, passenger 
cars, bridges, ties, and other equipment necessary for Amtrak 
to provide service. These capital grants will help bring the 
Northeast Corridor to a state-of-good-repair, and allow Amtrak 
to procure new rolling stock, rehabilitate existing bridges, 
and make additional capital improvements on its entire network. 
In addition, the operating grants authorized under the bill 
will help Amtrak pay salaries, health costs, overtime pay, fuel 
costs, facilities, and train maintenance and operations. These 
operating grants will also ensure that Amtrak can meet its 
obligations under its recently negotiated labor contract.
    In an effort to encourage the development of new and 
improved intercity passenger rail services, the Act creates a 
new State Capital Grant program for intercity passenger rail 
projects. The bill provides $1.9 billion over five years for 
grants to States to pay for the capital costs of facilities and 
equipment necessary to provide new or improved intercity 
passenger rail. Out of these funds, $325 million is reserved 
for grants to States and to Amtrak for projects that increase 
capacity along certain rail lines in order to reduce congestion 
and facilitate ridership growth.
    The Act also authorizes $1.5 billion over five years for 
grants to States and/or Amtrak to finance the construction and 
equipment for 11 authorized high-speed rail corridors. In 
addition, the Act requires the Secretary of Transportation to 
issue a request for proposals for projects for the financing, 
design, construction, and operation of 10 federally designated 
high speed rail corridors and the Northeast Corridor. Proposals 
would need to meet certain financial, labor, and planning 
criteria, as well as a detailed description to account for any 
impacts on existing passenger, commuter, and freight rail 
traffic to be considered. If the Secretary receives a 
qualifying proposal, she would be directed to form a Commission 
to study any proposals received. The Secretary would issue a 
report to the Congress on the Commission's findings and her 
recommendations for each of the corridors. Any further action 
on a proposal would need legislative approval by Congress.
    Finally, the Act authorizes $1.5 billion for fiscal years 
2009 through 2019 for capital preventive maintenance grants for 
the Washington Metropolitan Area Transit Authority, and 
includes a number of measures to reform Amtrak's operations and 
Amtrak's financial and accounting procedures; improve Amtrak's 
on-time performance; reduce Amtrak's debt; and resolve disputes 
between commuter and freight railroads. The Act also extends 
the number of years a recipient of a Railroad Rehabilitation 
and Improvement Financing (``RRIF'') loan would have to be 
repaid from 25 years to 35 years. These loans will help 
railroads, States, government-sponsored authorities, and 
shippers improve capacity. Funding from the RRIF program can 
also be used to develop intercity and high-speed rail systems 
and purchase and install positive train control systems.
    6. Reauthorization of the Surface Transportation Board. The 
authorization for the Surface Transportation Board (``STB'') 
expired at the end of fiscal year 1998. The Subcommittee held 
four oversight hearings on the STB in the 110th Congress in 
preparation to reauthorize the STB in the 111th Congress. The 
hearings were:

Hearing on Rail Competition and Service

    On September 25, 2007, the Full Committee held a hearing to 
examine the state of competition rail customers, and the 
efforts to the STB to address these concerns. At the hearing, 
the GAO testified that the STB should undertake a number of 
initiatives to address shipper concerns. These include 
requiring greater reporting of freight railroads revenues, 
especially miscellaneous revenues. The GAO also stated that it 
is too soon to evaluate recent steps taken by the STB to 
improve its rate relief process. The Chairman of the STB listed 
a number of activities the Board has undertaken to improve its 
services for shippers, including a rulemaking on the railroads' 
cost of capital, commissioning a study on competition in the 
rail industry, and a rulemaking on interchange agreements, also 
known as ``paper barriers.'' The Commissioner of the STB 
observed that Staggers Act did not ``de-regulate'' the 
railroads, but instead ``mostly de-regulated'' the railroads. 
The CEO of the National Rural Electric Cooperative Association 
testified that high costs and unreliable service have become 
the accepted norm for most railroad companies and shippers 
simply have nowhere to turn. He testified that in recent years, 
shippers have been unable to get any rate relief when their 
rates amount to 3 to 5 times--or more--the direct cost of 
moving the freight in question. The President and CEO of the 
Union Pacific Railroad, meanwhile, testified that the railroad 
industry agrees with the current regulatory scheme, but any 
change to the railroads rate structure will impact how they can 
expand their networks to meet growing demand.

Hearing on Railroad-Owned Solid Waste Transload Facilities

    The Subcommittee held a second oversight hearing of the STB 
on October 16, 2007 to receive testimony on railroad-owned 
solid waste transload facilities. The purpose of this hearing 
was to examine the growing concern in the Northeast that some 
railroads are using federal preemption standards to shield 
themselves from important state and local environmental laws 
regarding the movements of municipal solid waste (``MSW''). At 
the hearing, the Chairman of the STB observed that there are 
three ways that issues involving the handling of solid waste at 
facilities proposed to be located at rail lines come before the 
Board: (1) proposals to build a new line into a new service 
area; (2) proposals that involve a new carrier or a small Class 
III carrier seeking to acquire and operate an existing line; 
and (3) the construction of facilities ancillary to already-
authorized rail lines. The Chairman also testified that state 
and local laws are preempted only if the particular action 
would prevent or unreasonably interfere with rail 
transportation. The Vice Chairman of the STB testified that 
while the Board has taken a more assertive stance toward cases 
involving waste, more should be done. He also testified that a 
clarification of the railroad preemption law by Congress may be 
appropriate. The Mayor of the Village of Croton-on-Hudson, New 
York related instances that were similar to other witnesses 
present at the hearing. He testified of a recent instance in 
which the Metro Enviro Transfer (``MET''), a business operating 
a construction and demolition debris transfer station, recently 
attempted to bypass a Village order and a state Supreme Court 
ruling to close its transfer station by filing with the STB for 
preemption to operate as a railroad. The Village had ordered 
MET to close the station due to repeated violations of State 
and local environmental protection laws. While MET later 
dropped their application with the STB and closed the station, 
the Mayor warned the Subcommittee that he is aware of other 
businesses interested in the MET station site and may pursue 
the railroad preemption route to bypass local and state 
environmental protection laws. The Mayor urged the Subcommittee 
to clarify the railroad preemption, otherwise local communities 
would be contending with more examples like MET.

Hearing on Investment in the Rail Industry

    On March 5, 2008, the Subcommittee held a hearing on Wall 
Street investment trends in the railroad industry. In recent 
years, the railroad industry, and in particular the Class I 
railroads, have become attractive investments for Wall Street. 
In 2006, Atticus Capital, an activist hedge fund, publicly 
filed as a major shareholder of the Union Pacific (``UP''), 
CSX, Norfolk Southern (``NS''), and BNSF railroads. In February 
2007, a private equity firm, Fortress Investment Group, 
completed a buyout of short line rail service provider 
RailAmerica. In April 2007, Warren Buffett purchased an 11% 
equity stake in BNSF, as well as holdings in NS and UP. A few 
weeks later, CSX reported that activist shareholder the 
Children's Investment Fund had purchased a 2.5% interest in 
CSX. This activity continued in 2008, with Mr. Buffett 
increasing his equity stake in BNSF to 18%. The Children's 
Investment Fund also increased its interest in CSX and 
nominated an alternate slate of directors to the CSX Board that 
was decided at its May 2008 Annual Shareholder meeting.
    The Chairman of the Surface Transportation Board, who 
testified at the hearing, acknowledged that a dominant investor 
with a very short-term focus could harm the long-term prospects 
of a particular company as well as disrupt interstate commerce 
if a policy of diverting revenues, neglecting shippers, and 
cutting back on capital spending were to be implemented. A 
railroad controlled by a large non-railroad investor, however, 
is still bound by the same obligations of all railroads: it 
must fulfill the common carrier obligation; it must maintain 
reasonable rates and practices; and it must file for 
abandonment or discontinuance authority if it is not going to 
provide service over a line. The Vice Chair of the Surface 
Transportation Board, who also testified at the hearing, 
observed that investment horizons for Wall Street and for a 
railroad are often different: a ``long term'' investment for a 
private equity firm may be five years while five years may be a 
short period of time in the rail industry.

Hearing on H.R. 6707, the Taking Responsible Action for Community 
        Safety Act

    On September 9, 2008, the Committee on Transportation and 
Infrastructure held a hearing to discuss H.R. 6707, the 
``Taking Responsible Action for Community Safety Act.'' The 
main purpose of H.R. 6707 is to establish that when the Surface 
Transportation Board (``STB'') considers a merger involving a 
Class I railroad and a Class II or III railroad the Board has 
the power to disapprove the merger if the Board finds that the 
adverse environmental effects of the merger outweigh its 
transportation or other benefits. Under current law, the Board 
has the authority to disapprove a merger involving at least two 
Class I carriers if the transaction is not consistent with the 
public interest, but has never disapproved a Class I merger on 
environmental grounds. Some STB staff believes that under 
existing law the Board also has authority to disapprove a 
merger involving a Class II or Class III rail carrier on 
environmental grounds. However, there is a provision in 
existing law indicating that in a merger involving a Class II 
or Class III rail carrier, the Board can only disapprove the 
merger if it would have adverse competitive effects. 
Additionally, it is not clear whether the Board Members share 
the staff's view that they have authority under existing law to 
disapprove a merger involving a Class II or Class III rail 
carrier on environmental grounds. If the Board did take this 
position, there is a substantial possibility that a reviewing 
Court would not accept their interpretation of existing law.
    The Chairman of the Surface Transportation Board testified 
at the hearing that H.R. 6707 raises ``a legal issue of first 
impression that has not been addressed by the Board or any 
court.'' The President and CEO of Canadian National testified 
that the legislation would direct the STB to mix its 
competition with its environmental review to the effect of 
impeding important national transportation policy concerns. The 
President of the Village of Barrington testified that the STB's 
treatment of past merger and acquisition transactions 
illustrates that it doubts whether it has the authority to 
reject such transactions on environmental grounds. 
Additionally, the Executive Director of the Northwestern 
Indiana Regional Planning Commission testified that the large 
number of detrimental environmental impacts to the communities 
along the EJ&E line necessitated that the ambiguity of the 
Board's authority to weigh environmental impacts of proposed 
mergers be clarified.

H.R. 6707, the Taking Responsible Action for Community Safety Act

    On July 31, 2008, Chairman Oberstar introduced H.R. 6707, 
the Taking Responsible Action for Community Safety Act. On 
September 26, 2008, the Committee favorably reported H.R. 6707 
to the House. The bill was considered by the House under 
suspension of the rules on September 27, 2008, and failed 243--
175. No further action was taken on the legislation.
    H.R. 6707 enables the Surface Transportation Board 
(``STB'') to thoroughly consider the public interest when 
evaluating a proposed railroad merger or consolidation that 
includes at least one Class I railroad. Under current law, the 
STB is required to approve all mergers and consolidations 
between a Class I railroad and a Class II or Class III railroad 
unless the Board finds that the merger is likely to cause a 
substantial lessening of competition, create a monopoly, or 
restrain trade in freight surface transportation in any region 
of the United States; and that the anticompetitive effects of 
the transaction outweigh the public interest in meeting 
significant transportation needs.
    Specifically, the bill requires the STB to consider, in a 
merger or consolidation proceeding, the safety and 
environmental effects of the proposed transaction, including 
the effects on local communities, such as public safety, grade 
crossing safety, hazardous materials transportation safety, 
emergency response time, noise, and socioeconomic impacts. It 
also requires the STB to consider the effects of the proposed 
transaction on intercity passenger rail and commuter rail.
    The bill prohibits the STB from approving or authorizing a 
merger or consolidation if it finds that the transaction is 
inconsistent with the public interest because the transaction's 
impacts on safety and on all the affected communities outweigh 
the transaction's benefits. Further, the bill authorizes the 
STB to impose conditions to mitigate the effects of the 
transaction on local communities when such conditions are in 
the public interest.
    7. Passenger and Freight Rail Infrastructure Investment. 
According to the U.S. Department of Transportation's Freight 
Analysis Framework, rail traffic is expected to rise more than 
50 percent, from 1.8 billion tons to 2.9 billion tons by 2020. 
Rail passenger service has also grown. In FY 2007, Amtrak 
carried more than 25.8 million passengers, the fifth straight 
fiscal year of record ridership. This record ridership, because 
70 percent of the miles traveled by Amtrak trains are on tracks 
owned by the freight railroads, combined with record freight 
rail traffic levels, means that there is a tremendous amount of 
pressure bearing down on our nation's rail system. As rail 
traffic continues to grow, the railroads will have to 
concentrate increasingly on replacing and building new 
capacity, such as multi-tracking key corridor routes, adding 
new sidings or extending existing ones at key locations, 
constructing new intermodal or transloading facilities, and 
investing in new technologies. The Federal Government will also 
have to take responsibility for ensuring that all facets of our 
transportation system are in working order. The Subcommittee 
held two hearings on passenger and freight rail infrastructure 
investment needs:

Hearing on Investment in the Rail Industry

    On March 5, 2008, the Subcommittee held a hearing on Wall 
Street investment trends in the railroad industry. In recent 
years, the railroad industry, and in particular the Class I 
railroads, have become attractive investments for Wall Street. 
In 2006, Atticus Capital, an activist hedge fund, publicly 
filed as a major shareholder of the Union Pacific (``UP''), 
CSX, Norfolk Southern (``NS''), and BNSF railroads. In February 
2007, a private equity firm, Fortress Investment Group, 
completed a buyout of short line rail service provider 
RailAmerica. In April 2007, Warren Buffett purchased an 11% 
equity stake in BNSF, as well as holdings in NS and UP. A few 
weeks later, CSX reported that activist shareholder the 
Children's Investment Fund had purchased a 2.5% interest in 
CSX. This activity continued in 2008, with Mr. Buffett 
increasing his equity stake in BNSF to 18%. The Children's 
Investment Fund also increased its interest in CSX and 
nominated an alternate slate of directors to the CSX Board that 
was decided at its May 2008 Annual Shareholder meeting.
    The Chairman of the Surface Transportation Board, who 
testified at the hearing, acknowledged that a dominant investor 
with a very short-term focus could harm the long-term prospects 
of a particular company as well as disrupt interstate commerce 
if a policy of diverting revenues, neglecting shippers, and 
cutting back on capital spending were to be implemented. A 
railroad controlled by a large non-railroad investor, however, 
is still bound by the same obligations of all railroads: it 
must fulfill the common carrier obligation; it must maintain 
reasonable rates and practices; and it must file for 
abandonment or discontinuance authority if it is not going to 
provide service over a line. The Vice Chair of the Surface 
Transportation Board, who also testified at the hearing, 
observed that investment horizons for Wall Street and for a 
railroad are often different: a ``long term'' investment for a 
private equity firm may be five years while five years may be a 
short period of time in the rail industry.

Hearing on Rail Capacity

    The Subcommittee met on April 23, 2008 to hold a hearing to 
examine current and projected demand on the nation's freight, 
intercity passenger, and commuter rail infrastructure. Freight 
railroads move more than 40 percent of the nation's freight 
(measured in ton-miles). In 2007, Amtrak, the nation's primary 
intercity passenger rail provider, moved 25.8 million 
passengers while the nation's 22 commuter rail providers had 
460 million trips in 2007. While it is uncertain the extent 
that demand for rail service will grow in the future, but two 
recent studies suggest that this demand will be significant. 
The American Association of State Highway and Transportation 
Officials report that even moderate growth projections in the 
economy--about 3 percent per year--will result in a 57 percent 
increase in domestic tonnage by 2020 and import-export tonnage 
will increase by 100 percent. A more aggressive projection by 
the bipartisan National Surface Transportation Policy and 
Revenue Study Commission (``Commission'') predicts U.S. 
economic output will lead to an increase of the total freight 
movements by 92 percent over the next 30 years. This growth 
will also add further challenges to intercity and commuter rail 
growth, which has been enjoying record ridership growth in 
recent years.
    At the hearing, the President and CEO of Amtrak testified 
that the two principle causes of Amtrak's poor on-time 
performance (``OTP'') are interference with Amtrak trains by 
freight trains and ``slow orders'' on freight track. A recent 
DOT IG report calculated that an 85% OTP for Amtrak would have 
resulted in an increase in revenue of $136.6 million in FY2006. 
Cambridge Systematics, which prepared the study for the 
Commission, testified that to meet projected freight rail 
demand, the Class I railroads will need to increase their 
infrastructure investment from the current average of $1.5 
billion per year to at least $4.8 billion per year through 
2035. Cambridge Systematics concluded that the Class I 
railroads could increase their annual infrastructure expansion 
investment to $3.4 billion, leaving a $1.4 billion shortfall 
that would need to be made up from other sources. The President 
of the Association of American Railroads recommended that 
Congress pass the Rail Infrastructure Tax Credit, the Short 
Line Tax Credit, and support Public-Private Partnerships to 
make up this investment shortfall.

Amendment to the Railroad Rehabilitation and Improvement Financing 
        Program

    On October 16, 2008, the President signed H.R. 2095 into 
law. This legislation included an amendment to the Railroad 
Rehabilitation and Improvement Financing (``RRIF'') program. 
Under the RRIF program, the DOT provides loans and loan 
guarantees to States, local governments, government sponsored 
authorities, rail freight shippers, and railroads, particularly 
short-line and regional railroads, to improve and rehabilitate 
railroad tracks, bridges, and facilities. H.R. 2095 amended the 
RRIF program by extending the loan repayment period to 35 
years.

RRIF Rulemaking

    On October 30, 2008 Chairman Oberstar and Subcommittee 
Chairwoman Brown sent a letter to the Secretary of 
Transportation Mary Peters in opposition to the proposed DOT 
rule that would jeopardize the RRIF program. In the letter, Mr. 
Oberstar and Ms. Brown urged the Secretary to suspend the 
rulemaking due to concerns that the DOT rule would seriously 
undercut the RRIF program and railroad infrastructure 
investment and further weaken the construction sector in the 
U.S. economy. The proposed rulemaking would require RRIF 
applicants to meet new, additional criteria which are not 
required by law, including: (1) requiring an equity 
contribution of between 20 and 30 percent depending on the 
amount of the direct loan or loan guarantee; (2) cap the 
cumulative outstanding balance of loans or loan guarantees to a 
single borrower to $500 million; and (3) to require applicants 
to obtain a credit rating or assessment if the application for 
financial assistance is in excess of $250 million. The rule was 
not finalized as of December 2008.
    8. Implementation of the Pipeline Inspection, Protection, 
Enforcement, and Safety Act of 2006. The Department of 
Transportation's pipeline safety program was strengthened and 
reauthorized through 2010 at the end of the 109th Congress by 
the Pipeline Inspection, Protection, Enforcement and Safety Act 
of 2006 (The ``PIPES Act''). The Subcommittee held a hearing to 
review the implementation of the PIPES Act on June 25, 2007. 
While the hearing took place more than 18 months following 
enactment of the PIPES Act, the Pipelines and Hazardous 
Materials Safety Administration had failed to fully implement 
eleven statutory requirements by the Congressionally-
established deadline. Additionally, the Department of 
Transportation Inspector General (``DOT IG'') had published a 
report critical of the efforts made by PHMSA and the 
Transportation Security Administration (``TSA'') to implement a 
security annex necessary to implement national security 
measures, such as identifying critical infrastructure and key 
resources and developing security regulations, guidelines, and 
directives. The DOT IG also observed that there is a lack of 
clearly defined roles at the working level between PHMSA and 
TSA regarding compliance with security guidance. Because TSA's 
guidance is voluntary and PHMSA can enforce its LNG security 
regulations, pipeline operators may receive conflicting or 
confusing guidance as a result. The DOT IG recommended that 
PHMSA and TSA should take steps to address these concerns. 
Finally, the DOT IG recommended that PHMSA and TSA should 
maximize their resources for assessing pipeline operators' 
security plans and guidance. In response to the DOT IG's 
concerns, PHMSA and TSA testified that they understand the 
importance of the annex and that they would continue to work 
together to address the DOT IG's concerns.
    As of December 2008, the DOT had still not implemented a 
number of the mandates contained in the PIPES Act including a 
final rule on low-stress pipelines, a final rule on integrity 
management programs for distribution pipelines, and a final 
rule on control room management including hours of service 
standards for pipeline employees.
    9. Reauthorization of the Hazardous Materials 
Transportation Program. The Department of Transportation's 
hazardous materials safety program was reauthorized in the 
Safe, Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users (``SAFETEA-LU''). This authorization 
expired at the end of FY 2008. The Subcommittee staff met with 
PHMSA officials, industry, labor, and safety advocates to 
discuss issues relating to reauthorizing the program.

            Subcommittee on Water Resources and Environment

    1. Environmental Protection Agency (``EPA'')--Clean Water 
Act and Water Infrastructure Programs. The Subcommittee held 
hearings and staff conducted multiple meetings with agency 
officials and interested parties to review wastewater treatment 
and water pollution control funding issues, including levels 
and sources of funding, and management of grant and loan 
programs. This review included an assessment of both wastewater 
infrastructure and security needs, with particular emphasis on 
the growing wastewater infrastructure investment gap. The 
Subcommittee also conducted several hearings and meetings on 
regulatory and non-regulatory approaches to water pollution 
control, including watershed, market, and performance-based 
approaches to regulation; issues involving water quality 
standards; total maximum daily loads; effluent limitations; 
emerging contaminants; and compliance with the National 
Pollutant Discharge Elimination System. The Subcommittee also 
conducted several hearings and staff meetings on status of the 
nation's water quality monitoring network, as well as efforts 
to improve the management of combined and sanitary sewer 
overflows, storm water, and nonpoint source pollution.
    2. Environmental Protection Agency and Army Corps of 
Engineers--Clean Water Act Jurisdiction. The Committee, with 
the active participation of Subcommittee staff, held several 
hearings on the impact of two recent Supreme Court decisions on 
the progress (and capability) of the Clean Water Act to restore 
and maintain the chemical, physical, and biological integrity 
of the nation's waters. In addition, the Subcommittee staff 
worked with the staff of the Committee on Oversight and 
Government Reform to investigate the impacts of recent Supreme 
Court decisions and agency implementation guidance on the 
implementation of the Clean Water Act. Finally, the 
Subcommittee staff conducted several meetings with Federal and 
State agency officials and interested parties to discuss 
potential legislation to restore the historic scope of the 
Clean Water Act prior to the two Supreme Court decisions.
    3. Environmental Protection Agency Grants. Although great 
strides have been made pursuant to oversight of the grants 
management activities at the EPA, the subcommittee continued 
its oversight of proposed reforms to ensure that these reforms 
were incorporated into agency policy. The Subcommittee staff 
held several meetings with agency officials and interested 
parties on this issue, and will continue to review 
implementation of EPA grant management issues to ensure that 
Federal funds are expended consistent with applicable laws.
    4. Army Corps of Engineers (``Corps'') Water Resources 
Program. The Subcommittee reviewed efforts to improve the 
efficiency and effectiveness of the organization and the 
management and mission of the civil works program of the Army 
Corps of Engineers. Following enactment of the Water Resources 
Development Act of 2007, the Subcommittee staff worked with the 
Oversight staff of the Committee to carry out extensive 
oversight of the Corps' implementation of policy and management 
reforms and modifications to the Corps' planning, design, 
construction, and mitigation programs, The Subcommittee also 
reviewed the agency's regulatory programs, including those 
pertaining to the regulation of dredge and fill activities 
affecting the waters of the U.S., including wetlands, with 
particular emphasis on the effects of recent Supreme Court 
decisions affecting the jurisdiction on the Clean Water Act, 
and agency implementation guidance interpreting this decision.
    5. CERCLA/Superfund and Brownfields. The Subcommittee 
reviewed efforts to improve the efficiency and effectiveness of 
the contaminated site cleanup process and the process of 
assessing natural resources damages. The Subcommittee held a 
hearing and conducted several staff meetings with agency 
officials and interested parties related to EPA's brownfields 
program, including discussions on the reauthorization of 
appropriations for and other suggested policy changes to the 
Brownfields Revitalization and Environmental Restoration Act.
    6. Corps, EPA, and Other Regional Water and Ecosystem 
Restoration Issues. The Subcommittee conducted several hearings 
and staff meetings to review regional and local projects, 
issues, and controversies involving: water quality; water 
supply; water resources conservation, development, management, 
and policy; environmental restoration and protection; and flood 
damage reduction. The focus of these hearings and meetings was 
on ways to improve the overall coordination of potentially 
competing water-resource needs in order to comprehensively 
understand and address watershed needs. The Subcommittee also 
held hearings and staff meetings to discuss the potential 
impacts of global climate change on the nation's water resource 
needs, as well as develop recommendations for Federal and State 
governments and interested groups to be more proactive in 
preparing for the nation's future water resource needs.
    7. National Invasive Species Act. In coordination with the 
Subcommittee on Coast Guard and Maritime Transportation, the 
Subcommittee reviewed efforts by various agencies to implement 
the Nonindigenous Aquatic Nuisance Prevention and Control Act 
of 1990, as amended by the National Invasive Species Act of 
1996. The Subcommittee held hearings and conducted multiple 
meetings with Federal and State agency officials, and other 
interested stakeholders to investigate the potential economic 
and ecological harms posed by aquatic invasive species, as well 
as to review the efficacy of the several Federal environmental 
statutes, including the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 and the Clean Water Act, to 
control and prevent the introduction and establishment of new 
aquatic invasive species in U.S. waters through ballast water, 
and protect water quality.
    8. Tennessee Valley Authority (``TVA''). The Subcommittee 
reviewed TVA programs, including its energy program and 
operations, TVA's management structure, and the impact of TVA 
debt. The Subcommittee staff held several meetings with agency 
staff to review the overall operation of TVA.
    9. Saint Lawrence Seaway Development Corporation 
(``SLSDC''). The Subcommittee reviewed the efficiency and 
effectiveness of the SLSDC's current operations and structure; 
the condition of the SLSDC's physical infrastructure and its 
effect on the existing and future operations of the Seaway; 
issues related to national security and the economy; and the 
relation of the SLSDC to the St. Lawrence Seaway Management 
Corporation, its Canadian counterpart. The Subcommittee staff 
held several meetings with agency staff to develop 
recommendations and legislative proposals to modernize the 
SLSDC's physical assets, including enactment of legislation to 
implement a 10-year U.S. Asset Renewal Program Capital 
Investment Plan for the Seaway.
    10. EPA and Coast Guard Oil Pollution Act (``OPA''). In 
coordination with the Subcommittee on Coast Guard and Maritime 
Transportation, the Subcommittee reviewed the oil spill 
response, planning, and liability provisions under OPA and the 
Clean Water Act, and enforcement activities under the oil spill 
prevention and response laws, with particular emphasis on the 
effects of recent Supreme Court decisions on agency enforcement 
activities.
    11. Ocean and Coastal Programs and Policies. The 
Subcommittee reviewed dredged material management and disposal 
under the Ocean Dumping Act, Water Resources Development Acts, 
and the Clean Water Act. The Subcommittee staff conducted 
hearings on ocean and coastal programs and policies, including 
various ocean and coastal water quality and shoreline 
protection issues under the Clean Water Act, the Coastal Zone 
Management Act, Coastal Zone Act Reauthorization amendments, 
and the Water Resources Development Acts. Oversight activities 
of the Subcommittee culminated in several changes related to 
the beneficial reuse of dredged material by the Corps of 
Engineers, as enacted in the Water Resources Development Act of 
2007.
    12. Natural Resources Conservation Service (``NRCS'') Small 
Watershed Program. The Subcommittee reviewed the Small 
Watershed Program, authorized under P.L. 83-566, and conducted 
by the U.S. Department of Agriculture's NRCS, including the 
relation between these programs and other conservation, 
environmental restoration, and flood damage reduction efforts. 
The Subcommittee included NRCS as part of its annual budget 
hearings and review, and held several meetings with agency 
staff about the effectiveness of NRCS watershed authorities in 
improving overall water quality and flood damage reduction 
efforts.



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